Van Skiver v. Kuhne

Appeal from a judgment of the County Court, Fulton County, entered October 14, 1971, which dismissed the complaint in this foreclosure action, canceled the mortgage upon which it was based, and awarded costs to respondent Douglas Kuhne. Respondents, Hugo Kuhne, Jr., and Douglas Kuhne, are the husband and son of the deceased Pearl Kuhne, who by her will, created a life estate in certain properties for Hugo, with Douglas as remainderman. In addition to providing that Hugo should receive the rents and income for life from the property which is the subject of this litigation, the will provided…