Schwencke v. Haffner

On the first trial of this action — a partition suit —the defense was a defect of parties defendant in that the' grandchildren of both the testator and his widow had contingent interests and were not made parties. Judgment for the plaintiff on-a trial of this issue of law was reversed and a new trial ordered. See report of case, Schwencke v. Haffner, 18 App. Div. 182. -Since that decision and on the 29th day of June, 1897, the testator’s widow died, and the rights and interests of the parties in the real estate are now to be finally determined.

Christopher Huss, the testator, died December 3,…