Legal Opinion

Rischel v. Gerken

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

Decided April 15, 1921PublishedCited by 2 opinions

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

1Opinion of the Court

Mills, J.:

The question to be determined is that of the marketability of the title to a certain parcel of real property in the county of Kings. The material facts as stated in the submission are the following:

Theodore D. Cordes died in Queens, county March 30, *3941914, intestate and seized of an undivided one-fourth interest in said property, leaving a widow and one child, a son. Letters of administration upon his estate were duly issued to the widow by the Surrogate’s Court of said county on May 20, 1914; and she thereupon duly qualified and entered upon the duties of the office. The…

2Cases cited2 opinions

  1. O'Flynn v. . PowersNew York Court of Appeals · 1893
  2. In re the Will of IovinellaAppellate Division of the Supreme Court of the State of New York · 1915

3Cited by2 opinions

  1. In re the Estate of CollinsNew York Surrogate's Court · 1924
  2. Beckford v. CheshireNew York Supreme Court · 1926

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