Lowe v. Leary
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, Frederick Geller, as executor, from an order of the Supreme Court, made at the New York Special Term and entered in the office of the clerk of the county of New York on the 8th day of December, 1917, confirming the report of a referee appointed to determine the ownership of a fund of $8,000 held by him subject to the order of this court.
1Opinion of the Court
Page, J.:
James D. Leary died intestate, seized of the premises in question and a large amount of other real estate, most of which consisted of vacant and unproductive lots. One-third of the rents, issues and profits was not sufficient to provide for the suitable maintenance of his widow. Therefore, the children each conveyed to their mother a life estate in the property, she to provide for the maintenance and support of two infant children of a deceased brother. The widow reconveyed the interest theretofore conveyed to her by the plaintiff, a daughter of the deceased, who instituted an action…
2Cases cited1 opinion
- Bergen v. . Urbahn, Etc.New York Court of Appeals · 1880