Techt v. . Hughes
New York Court of Appeals
Appeal, by permission, from a judgment of the Appellate Division of the Supreme Court in the first judicial department, entered January 30, 1920, affirming an interlocutory judgment in favor of plaintiff entered upon a decision of the court on trial at Special Term in an action for partition of real property.
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Appeal, by permission, from a judgment of the Appellate Division of the Supreme Court in the first judicial department, entered January 30, 1920, affirming an interlocutory judgment in favor of plaintiff entered upon a decision of the court on trial at Special Term in an action for partition of real property. The following question was certified: Has the plain- tiff herein an estate of inheritance in the real property sought to be partitioned in this action? ” The facts, so far as material, are stated in the opinion. Plaintiff was not on the date of her father’s death an alien friend, within…
1Opinion of the CourtCabdozo, J.
James J. Hannigan, a citizen of the United States, died intestate on December 27, 1917, seized in.fee simple of real estate in the city of New York. Two daughters, the plaintiff, Sara E. Techt, and the defendant, Elizabeth L. Hughes, survived him. In November, 1911, the plaintiff' became the wife of Frederick E. Techt, a resident of the United States, but a citizen óf Austria-Hungary. On December 7, 1917, twenty days before the death of plaintiff’s father, war was declared between Austria-Hungary and the United States. The record contains a concession that neither the plaintiff nor her…
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