Boecher v. Smada Realty Co.
Appellate Division of the Supreme Court of the State of New York
Submission of a controversy upon an agreed statement of facts pursuant to section 1279 of the Code of Civil Procedure.
1Opinion of the Court
Scott, J.:
The controversy arises over the validity of plaintiff’s title to certain real estate contracted to be sold to defendant.
Plaintiff holds under a deed from Willard M. Smith as executor and trustee under the last will and testament of Edwin H. Smith, deceased, who in his lifetime was the owner of the property in question. Edwin H. Smith died August 17, 1908, leaving him surviving no widow, hut six children, all of whom were then infants and were his only heirs at law. He left a will by which, after providing for the payment of his debts and funeral expenses, he disposed of his property…
2Cases cited5 opinions
- In Re the Final Judicial Settlement of the Accounts of WellsNew York Court of Appeals · 1889
- Benson v. . CorbinNew York Court of Appeals · 1895
- Jacoby v. . JacobyNew York Court of Appeals · 1907
- Coston v. CostonAppellate Division of the Supreme Court of the State of New York · 1907
- Matteson v. PalserAppellate Division of the Supreme Court of the State of New York · 1900
3Cited by3 opinions
- In re RoundsNew York Supreme Court · 1918
- Chandler v. KronNew York Supreme Court · 1920
- In re the Construction of the Will of MalloukNew York Surrogate's Court · 1949