Voght v. Voght

Appeal from that part of an order of the Supreme Court (Sise, J.), entered June 4, 2008 in Montgomery County, which denied defendants’ cross motion for summary judgment dismissing the complaint.

Plaintiff is the son of defendant Richard C. Voght (hereinafter the father). Plaintiffs two siblings are the other two defendants. In December 2006, the father executed a deed (hereinafter the 2006 deed) which conveyed real property located in Montgomery County to plaintiff. Under the heading, “Retained Life Use with Limited Power of Appointment,” the deed provided that the father reserved “the right…