Hines v. Hines
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendants, Christian H. Hines and another, from an interlocutory judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Kings on the 15th day of July, 1921, upon' the decision of the court rendered after a trial at the Kings Special Term in an action to obtain a decree declaring a certain deed to defendant Christian H. Hines to be a mortgage, and for an accounting.
1Opinion of the Court
Kelly, J.:
On June 26, 1905, Amelia Hines, the mother of the plaintiff Peter Hines and of the defendant Christian Hines, executed, acknowledged and delivered to her son, the defendant Christian, a full covenant warranty deed conveying to him certain. *689premises on Wyona street near Liberty avenue in the borough of Brooklyn, city of New York. The premises were conveyed subject to an existing mortgage of $1,500, and the deed was duly recorded.
On March 10, 1911, the said Amelia Hines died, leaving a last will and testament dated November 28, 1904, in and by which, after providing for a legacy of…
2Cases cited5 opinions
- Simar v. . CanadayNew York Court of Appeals · 1873
- In re the Probate of the Last Will & Testament of EnoAppellate Division of the Supreme Court of the State of New York · 1921
- Griswold v. . HartNew York Court of Appeals · 1912
- Roche v. . NasonNew York Court of Appeals · 1906
- In re the Probate of BlaineAppellate Division of the Supreme Court of the State of New York · 1911
3Cited by2 opinions
- In re the Estate of ChristieNew York Surrogate's Court · 1938
- Higgins v. LynchAppellate Division of the Supreme Court of the State of New York · 1923