Cortelyou v. Dinger

All parties have moved for summary judgment in this action to determine a claim to real property. The legal question raised appears to be one of first impression.

Lillie A. Dinger died December 7, 1954 survived by two daughters, Dorothy Dinger Cortelyou (whose husband is the plaintiff herein) and Alwina E. Dinger, one of the defendants. The last will and testament of Lillie A. Dinger left the real property which is the subject of the action to her daughters “ share and share alike ” (Dinger Will, art. third). The parties agree that the will created a tenancy in common in the daughters (EPTL…