Limberg v. Limberg

This is a submission of controversy on an agreed statement of facts. The sole question is whether plaintiff, the administratrix of the goods, etc., of Charles A. Limberg, deceased, may, under section 123 of the Decedent Estate Law, collect rent from the defendant, who is one of the decedent’s heirs at law and is occupying a portion of the decedent’s real property.

The defendant is a son of the decedent. Both before and since the death of his father, who died after the effective date of the statute, the defendant resided in and has continued to reside in one apartment of a two-family house…