Noble v. Thayer
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, Fremont K. Noble, from a judgment of the Supreme Court in favor of the defendants, entered in the office of the clerk of the county of St. Lawrence on the 2d day of " March, 1897, upon the decision of the court rendered after a trial at the St. Lawrence Special Term dismissing his complaint, with costs.
1Opinion of the Court
Parker, P. J.:
I cannot discover anything in the terms of the lease which gives the wife Anna any interest in the rent thereby reserved. If, however, she has succeeded to the lessor’s title to the premises therein described, she is entitled to recover the rent 'accruing after his death. (12 Am. & Eng. Ency. of Law, 732; Van Wioklen v. Paulson, 14 Barb. 654.)
The question, therefore, is, whether she takes that title during her life, by virtue of the 1st clause of the lessor’s will, or whether such premises, by the 4th clause thereof, are given to the lessee Lucelia and her children.
By the 1st…
2Cases cited4 opinions
- Frank v. . N.Y., L.E. W.R.R. Co.New York Court of Appeals · 1890
- Norris v. BeyeaNew York Court of Appeals · 1855
- Van Wicklen v. PaulsonNew York Supreme Court · 1853
- Van Vechten v. . KeatorNew York Court of Appeals · 1875
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- In re the Estate of FlorioNew York Surrogate's Court · 1999
- MacDonald v. RosenblumCity of New York Municipal Court · 1934