Weiher v. Simon

This is an application by the plaintiff for the appointment of a receiver in an action for the partition of real property during the pendency thereof. The will of Samuel Simon, deceased, under whom the defendants Sigmund Simon and Harry D. Simon claim title to the real estate in suit, is in litigation; and when this motion was argued the surrogate had already appointed a temporary administrator of the personalty of the decedent, but had deferred acting with regard to the realty until after the determina*203tion of this motion. The plaintiff’s counsel urges that, as to real property, a receiver…