Sayles v. Best

• Decision Date: 12 December 1893
• Citation: 35 N.E. 636,140 N.Y. 368
• Parties: SAYLES v. BEST et al.
• Court: New York Court of Appeals Court of Appeals

140 N.Y. 368

35 N.E. 636

SAYLES

v.BEST et al.

Court of Appeals of New York.

Dec. 12, 1893.

Appeal from supreme court, general term, third department.

Action by Moses T. Sayles against Tristram C. Best and another, executors of the will of Peter K. Best, deceased, to recover of defendants individually the share of one of the heirs in the proceeds of alnd sold under a provision of the will, and alleged to be subject to a judgment lien in favor of plaintiff. After the action was begun, Moses T. Sayles conveyed the cause of action to Helen M. Sayles. From a judgment of the general term (20 N. Y. Supp. 951) affirming a judgment for defendants, plaintiff appeals. Affirmed.

The other facts fully appear in the following statement by MAYNARD, J.:

Peter K. Best died February 17, 1878, leaving a will by which he devised his homestead farm in Stillwater, Saratoga county, to his widow during life, and after her death he empowered his executors to sell the same at public or private sale, at such time, upon such terms, and in such manner as to them should seem meet and to the best interest of his estate, and to divide the proceeds therefrom equally among his legal heirs, share and share alike. He directed and empowered his executors to rent another farm, upon which his son Jacob then lived, from year to year, until his youngest child became 21 years of age; and then gave them the same power to sell and divide the proceeds as in the case of the homestead. He appointed his widow and the defendants Jeremiah I. and Tristram C. Best the executors of his will. The youngest child became of age March 21, 1887, and the widow died August 25th of the same year. The plaintiff is the owner of two judgments recovered against Alfred E. Best, one of the testator's sons, in 1877 and 1878, upon one of which execution was issued, and the interest of the judgment debtor in these two farms sold September 29, 1887, and the judgment creditor became the purchaser, and the usual sheriff's certificate of sale was executed to him, and filed and recorded in Saratoga county clerk's office October 7, 1887. The sheriff's deed upon the sale was delivered December 31, 1888, and recorded January 16, 1889. The defendants, as executors, exeucted the power of sale given them in the will on April 2, 1888, and sold both farms, and received the proceeds, amounting to $22,700, of which the share of Alfred E. Best was $2,245. On March 6, 1887, Alfred executed to Edward T. Williamson a conveyance of all his interest in the property which came to him under the will of his father, which deed was recorded April 7, 1884. Alfred was indebted to his father in his lifetime upon two notes given in 1873, amounting to $2,200 and interest, which passed to the widow under the will, and were held by her at the time plaintiff's judgments were recovered. On October 12, 1887, Alfred executed to the executor of his mother's will a conveyance and assignment of all his right, title, and interest in the estate of his father. The defendant Tristram C. Best knew of the existence of the plaintiff's judgments on April 30, 1879, but he had no personal notice of the sheriff's sale and deed; and the defendant Jeremiah I. Best never had any personal knowledge or information in regard to the judgments until after the sale by the executors, and the distribution of the proceeds. In April, 1888, the executors rednered a final account before the surrogate of Saratoga county, and such proceedings were had that a decree was entered by the surrogate May 29, 1888, adjudging that Alfred had no interest in the property, and that Williamson and the executor of Jane E. Best were entitled to his share as grantees and asignees, and adjudging the amount which should be paid to each, which was immediately thereafter paid over to them by the executors as directed by the decree. February 25, 1889, the plaintiff demanded of the defendant Tristram C. Best the share of Alfred in the proceeds of the sale of the real estate, which he neglected to pay; and on March 1, 1889, plaintiff brought this action against both executors individually, in which he demanded judgment for the sum of $2,245, the amount of Alfred's share, received and distributed by them. The cause was tried before the court without a jury, and, upon findings embodying the facts here stated, the complaint was dismissed upon the merits. The plaintiff has appealed from a judgment of the general term affirming the judgment entered upon the decision of the trial court.

E. F. Bullard, for appellant.

C. A. Waldron,(Charles S. Lester, of counsel,) for respondents.

MAYNARD, J., (after stating the facts.)

Upon the death of Peter K. Best in 1878, his son Alfred became seised of an estate in remainder in the equal undivided twelfth part of the homestead farm, liable to be defeated by the exercise of the power of sale by the executors. 4 Rev. St. (8th Ed.) p. 2438, § 59. With respect to the other farm the situation was different. No precedent estate in it was given to any one, and no valid trust estate created in the executors. The utmost that can be said is that a power in trust was given to the executors to rent the lands until the youngest child became 21, and then to sell and divide the proceeds among the heirs. Id. § 58. It follows, therefore, that immediately upon the death of the testator the son became vested with a present estate in fee to the undivided one-twelfth part of this farm, subject to the execution of the power in trust. His estate could not be defeated until the youngest child became of age, when the executors were authorized to sell and distribute the proceeds. The estate which Alfred had in both farms was descendible, devisable, and alienable in the same manner as if it had been an estate in possession. Id. p. 2434, § 35. It was consequently subject to the lien of any judgments that might be...