Legal Opinion

In re the Judicial Settlement of the Account of Kaupper

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

Decided November 18, 1910PublishedCited by 41 opinions

Appeal by Erhart Hoffman, as executor, etc., and another, from a decree of the Surrogate’s Court of tire county of Kings, entered in said Surrogate’s Court on the 13th day of July* 1909, overruling objections to the account of the respondent.

1Opinion of the Court

Burr, J.:

In 1892 one Lorenz Kaupper purchased a farm, taking title in his own name. In October of the same year he conveyed to his wife, Catharina Kaupper, an undivided one-half part thereof, and on the same day she executed and delivered to him a release of her dower. Without determining the legal effect of this release,. I think it is apparent that the intent of the parties was to create a tenancy in common in the land. In 19.07 Kaupper and his wife conveyed the farm to Abraham Balinky, and took back a bond of the said Balinky, payable to Lorenz Kaupper and Catharina Kaupper, his wife,…

2Cases cited7 opinions

  1. Beaver v. . BeaverNew York Court of Appeals · 1889
  2. In Re the Final Accounting of Executors of AlbrechtNew York Court of Appeals · 1892
  3. West v. McCulloughAppellate Division of the Supreme Court of the State of New York · 1908
  4. Mills v. . HussonNew York Court of Appeals · 1893
  5. Wetherow v. LordAppellate Division of the Supreme Court of the State of New York · 1899

2 more not listed; retrieve them via the Exa API.

3Cited by41 opinions

  1. In Re the Estate of BlumenthalNew York Court of Appeals · 1923
  2. Belfanc v. BelfancAppellate Division of the Supreme Court of the State of New York · 1937
  3. In Re the Transfer Tax Upon the Estate of KaneNew York Court of Appeals · 1927
  4. In re the Judicial Settlement of the Account of Proceedings of LofmarkNew York Surrogate's Court · 1928
  5. In re the Estate of LevinskyAppellate Division of the Supreme Court of the State of New York · 1965

36 more not listed; retrieve them via the Exa API.

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