27 N.J. Eq. 162 | New York Court of Chancery | 1876
The bill in this case has two objects: First, to invalidate the title made by the executors of Garret S. Hendrickson, deceased, to one of their number, to a part of the testator’s real estate, and, in the second place, to compel the defendants to account for the profits realized on a re-sale, to innocent pur
The testator appointed his widow, Hannah Hendrickson, and his two sons, Samuel W. and William H., to execute his will. The widow and Samuel qualified as executors; William did not. At the time of his father’s death he was a minor, under seventeen years of age. He has never renounced his right to join in executing the will. Notice of the sale of the land, at public auction, was given in his name as executor, as well as in the names of the other two executors, and his name was affixed to the conditions of sale, with his knowledge, by the same person who wrote the names of the other executors thereto.
It is admitted that all the real estate of which the testator died seized, was purchased by Samuel T. Hendrickson, at the joint request of the widow and Samuel. The fact that Mrs. Hendrickson joined in the request is clearly admitted in her answer to the interrogatories annexed to the bill. She says: “ I first spoke to Samuel T. Hendrickson about bidding on the day of sale; I requested him to bid the farm up to $40,000, and he said he would; afterwards, I requested him to continue bidding after he had run it up to $40,000; I did request him to buy the farm and woodland.” It is also admitted that, prior to the sale, it had been agreed between 'Samuel and William they would buy their father’s real estate together, unless it was bid up to a sum beyond what they thought it was fairly worth; that on title being made to •Samuel T. Hendrickson, he immediately conveyed part of the lands to Samuel, and the residue to William, for the same ■consideration he had agreed to pay, and that they have since re-sold all, except about twenty-three acres, still held by .Samuel, at an advance of nearly $14,000.
The legatee, whose rights are now held by the complainants, was under nineteen years of age, and a feme covert, at the time title was made by the executors. She died about .two years after attaining twenty-one.