Wendel v. Binninger
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiffs, Louis Wendel, Jr., and another, and by the defendant, Regina Smith, from a judgment of the Supreme O’ourt, entered! in the office of the clerk of"the county of Blew York on the 18thi day of April, 1905, upon the.decision of the court rendered after a trial at the Bew York Special Term.
1Opinion of the Court
Houghton, J.:
Lizetta Binninger died in January, 1900, seized of certain real property, which, by her last will and. ‘testament, she devised to- her children, Ida, Lillie and Regina, who were then infants, and of whom, George F. Binninger, was subsequently appointed; general guardian.
Prior to the decease of the testatrix the city of Bew York had begun condemnation proceedings for the opening of the White Plains, mad, and the .property-’devised was a part of the property taken in those proceedings.. The real property which passed to the devisees, was incumbered by mortgages and hack taxes, In…
2Cases cited4 opinions
- Utter v. . RichmondNew York Court of Appeals · 1889
- Deering v. . SchreyerNew York Court of Appeals · 1902
- Van Loan v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 1905
- Lawrence v. GroutAppellate Division of the Supreme Court of the State of New York · 1906
3Cited by5 opinions
- New York Central & Hudson River Railroad v. CottleNew York Supreme Court · 1917
- Underwood v. RichCourt of Appeals of Georgia · 1934
- In re City of New YorkAppellate Division of the Supreme Court of the State of New York · 1935
- In re the Judicial Settlement of the Account of NelsonNew York Surrogate's Court · 1920
- Lawrence v. GroutAppellate Division of the Supreme Court of the State of New York · 1910