Legal Opinion

In re the Accounting of Duchnowski

Appellate Division of the Supreme Court of the State of New York

Decided December 12, 1972Published

1Opinion of the Court

Decree affirmed, without costs. Memorandum: Testatrix died on August 15, 1967. Her will dated June 8, 1961 devised her 295-acre farm to her son, the appellant herein. The residue of the esijpte was left to testatrix’ five remaining children in equal shares. Prior to her death, testatrix and her husband (who predeceased her) contracted to sell the farm to appellant and his wife in 1957. In 1965, after one half the purchase price had been paid, testatrix delivered a deed to appellant and took back a bond and mortgage which provided that the balance of principal and interest due and not paid at…

2Cases cited1 opinion

  1. Flittner v. GrafWisconsin Supreme Court · 1921

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