Von Glahn v. Heins
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. The defendant has contracted to purchase of the plaintiff certain lots of real estate and the question is whether the plaintiff can give good title.
1Opinion of the Court
Gaynor, J.:
The plaintiff has title to only an undivided one-half of the land which the defendant has contracted to purchase of him. He and his brother John owned the same and several other parcels of land, mostly improved, as tenants in common. John died, leaving a will by which he devised his estate to the plaintiff in trust,, to collect and *168pay the income to his widow and children, the latter all infants, during their lives, remainder to the said children and their heirs. It appointed' the plaintiff sole executor, and gave him a power of sale of the real estate in his discretion, but only…
2Cases cited1 opinion
- Moran v. JamesNew York Supreme Court · 1897