Wiederhold v. Koehler
Appellate Division of the Supreme Court of the State of New York
Submission of a controversy upon an agreed statement of facts pursuant to section 1279 of the Code of Civil Procedure.
1Opinion of the Court
Rich, J.:
On February 21, 1916, the parties entered into a written contract or agreement, by the terms of which, the defendants obligated themselves to convey to the plaintiff certain real property in the borough of Queens, by a full covenant warranty deed, free and clear of all incumbrances. One Maria Joepp died testate on June 1, 1896, owning said property subject to an existing mortgage of $1,600. She left surviving a husband, three-sons and two daughters, all of full age. By her last will and testament, duly admitted to probate in the Surrogate’s Court of Queens county, she devised and…
2Cases cited2 opinions
- Haberman v. . BakerNew York Court of Appeals · 1891
- McCarty v. DownesAppellate Division of the Supreme Court of the State of New York · 1914
3Cited by1 opinion
- In re the Estate of MunnNew York Surrogate's Court · 1938