Legal Opinion

Yung v. Blake

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

Decided July 10, 1914PublishedCited by 5 opinions

Appeal by the defendants, Anna May Blake and others, from an interlocutory judgment of the Supreme Court, entered in the office of the clerk of the county of New York on the 9 th day of December, 1913, upon the report of a referee in an action for the partition of real property. Appeal by the plaintiff, Charles Yung, and the defendant, Charles Francis Yung, from parts of said judgment.

1Opinion of the Court

Scott, J.:

The only question which it is necessary to discuss upon this appeal is whether or not the plaintiff, Charles Yung, is entitled to an estate by curtesy in so much of the real estate sought to be partitioned as belongs to the infant defendant, Charles Francis Yung.

The question arises in this way: Charles Yung, the plaintiff, was the husband of Anna Louise Yung, who died March 12, 1908. She was seized at the time of her death of an undi*502vided one-half interest in the real estate described in the complaint, as tenant in common with her husband. She had previously been married to one…

2Cases cited4 opinions

  1. Ransom v. . NicholsNew York Court of Appeals · 1860
  2. Smith v. . RobertsonNew York Court of Appeals · 1882
  3. Udell v. StearnsAppellate Division of the Supreme Court of the State of New York · 1908
  4. Herriot v. . PrimeNew York Court of Appeals · 1898

3Cited by5 opinions

  1. In re the Estate of CurleyNew York Surrogate's Court · 1936
  2. In re the Estate of GriffinNew York Surrogate's Court · 1936
  3. In ref the Accounting of Lawyers Trust Co.New York Surrogate's Court · 1949
  4. In re the Judicial Settlement of the Account of Proceedings of TimmerhansNew York Surrogate's Court · 1927
  5. Yung v. BlakeAppellate Division of the Supreme Court of the State of New York · 1914

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