Johnson v. Stein

Meier Steinbrink, Spec. Ref.

This is an action pursuant to article 15 of the Real Property Law to compel the determination of claims to real property located in Suffolk County. The facts have been stipulated and are not in dispute; there is solely an issue of law.

On March 4, 1948 one Anthony Funk, being then the owner of the real property in question, died testate. By his will, probated March 8, 1948, his residuary estate which included this real property was devised to one Emma Gerow who was not a distributee. Emma Gerow died intestate on September 7, 1950 and letters of administration on her…