Legal Opinion

Thall v. Dreyfus

Appellate Division of the Supreme Court of the State of New York

Decided July 1, 1903Published

. Submission of a controversy upon an agreed statement- of facts, pursuant to section 1279 of the Code of Civil Procedure.

1Opinion of the Court

Hirschberg, J.:

The controversy is as to the title to certain real estate which the plaintiffs have contracted to sell to the defendant in fee simple, subject only to certain specified incumbrances. The real estáte was owned and possessed by the plaintiffs’ mother, Jennie Thall, at the time of her death, February 12, 1902. She left a will, which was duly proved and admitted to probate in the Surrogate’s Court of Kings county, naming John Jenkins, Jr., and her son, William J. Thall, as executors and trustees. With the exception of a small bequest having no bearing on the issue, she disposed of…

2Cases cited2 opinions

  1. In re Judicial Settlement of Accounts of HogartyAppellate Division of the Supreme Court of the State of New York · 1901
  2. Mills v. MillsAppellate Division of the Supreme Court of the State of New York · 1900

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