Legal Opinion

Odell v. Claussen

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

Decided June 7, 1907Published

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

1Opinion of the Court

Rich, J.:

We are asked to determine whether the plaintiff individually and as executor has power to convey a good marketable title to defendant of the premises described in the submission under the power of'sale contained in the-will of Elizabeth D. H. Odell, his wife. By the terms of her will' she gave, devised and bequeathed all of her property, both real and personal, unto her husband (the plaintiff), to have and to hold, use and enjoy the same, and the rents, issues, profits and income thereof for and during his natural life, with the remainder to decedent’s two sisters, and provided: ' “…

2Cases cited3 opinions

  1. Rogers v. . RogersNew York Court of Appeals · 1888
  2. Haendle v. StewartAppellate Division of the Supreme Court of the State of New York · 1903
  3. Cotton v. . BurkelmanNew York Court of Appeals · 1894

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