Sheldon v. Ferris
New York Supreme Court
IK 1835 a lease of a lot of ground in the city of Kew York was made to two trustees for the benefit of A. A. Mott, then a married woman, for twenty-one year», with two renewals for a like term, and a house was erected thereon. Afterwards the husband of Mrs. Mott died, and she was married again to A. J. Engel. After the marriage she and her husband, with her trustees, joined in a mortgage of the property to Miss Tracy.
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IK 1835 a lease of a lot of ground in the city of Kew York was made to two trustees for the benefit of A. A. Mott, then a married woman, for twenty-one year», with two renewals for a like term, and a house was erected thereon. Afterwards the husband of Mrs. Mott died, and she was married again to A. J. Engel. After the marriage she and her husband, with her trustees, joined in a mortgage of the property to Miss Tracy. In Movember, 1844, Mrs. Engel (formerly Mrs. Mott) died and by will bequeathed this property to her executors in trust to collect the rents, to pay the ground rent, taxes and…
1Opinion of the Court
By the Court, Ingraham, P. J.
The case was originally referred for trial to a referee, and on his report judgment could have been entered without any application to the special term, but as the parties went to the court without objection, and the Judge then ordered the report to be sent to him, we may consider such order a modification of the original order of reference.
The question now submitted to us on this appeal is whether the holder of this mortgage is entitled to recover interest on the mortgage during the life of A. J. Engel, the beneficiary under the will; and whether Thompson, who in…
2Cited by16 opinions
- Young v. . ShulenbergNew York Court of Appeals · 1901
- Whiting v. NichollIllinois Supreme Court · 1867
- In re the Estate of KatzNew York Surrogate's Court · 1930
- Town of Van Buren v. City of Syracuse, New York County Courts1911
- Karstens v. KarstensAppellate Division of the Supreme Court of the State of New York · 1898
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