Marshall v. . Moseley
New York Court of Appeals
Appeal from, the Superior Court of the city of Buffalo.Action for money had and received to the use of the plaintiffs, devisees in remainder of real estate in Buffalo under the will of Bela D. Coe deceased.
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Appeal from, the Superior Court of the city of Buffalo.Action for money had and received to the use of the plaintiffs, devisees in remainder of real estate in Buffalo under the will of Bela D. Coe deceased. Mr. Coe died seised of the Mansion House, occupied as a hotel with stores in the basement, in the city of Buffalo and other premises, having in his lifetime executed leases of the hotel and stores to various persons, which by their terms were to expire May 1,1855; the rents upon such leases being payable quarterly. He died in ¡November, 1852. By his will, dated March 13, 1852, he devised…
1Opinion of the Court
Comstock, Oh. J.
Mrs. Coe, by virtue of her husband’s will, had a life estate in the premises, out of which the rents in question accrued, and the plaintiffs owned the remainder in fee. She died April 5, 1855, the léases being then unexpired. On the 1st of May following, the rents became due for the preceding quarter of a" year. The defendant is the executor and residuary legatee of Mrs. Coe, and' having collected the rents for the whole, quarter, the principal question in the case is, whether he is entitled to apportion them by dividing the quar ter into two periods of time, one before and…
2Cases cited2 opinions
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