Legal Opinion

Schiller v. Schiller

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

Decided April 30, 1981PublishedCited by 8 opinions

1Opinion of the Court

OPINION OF THE COURT

Mahoney, P. J.

The facts are not in dispute. P. Wilson Schiller and Mary Schiller were married in 1946, and in 1965 they acquired title to a residence in Broome County as tenants by the entirety. On January 5, 1978 they executed a separation agreement which provided, inter alia, that Mary Schiller would have exclusive possession of the marital residence until she wanted the residence sold or she remarried or she occupied the house with another man. The agreement further provided that if the residence were sold they would each receive one half of the net proceeds.

Mary…

2Cases cited2 opinions

  1. Kahn v. KahnNew York Court of Appeals · 1977
  2. Lawriw v. City of RochesterAppellate Division of the Supreme Court of the State of New York · 1961

3Cited by8 opinions

  1. Bruce v. DyerCourt of Appeals of Maryland · 1987
  2. Matter of TsunisDistrict Court, E.D. New York · 1983
  3. Bank of N.Y. v. RichardsAppellate Division of the Supreme Court of the State of New York · 2021
  4. In re the Estate of VioliNew York Court of Appeals · 1985
  5. In re the Estate of VioliNew York Surrogate's Court · 1983

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