Jermain v. Sharpe
New York Supreme Court
Pkooeeding to reach surplus moneys paid into court, arising upon the sale, in foreclosure, of a piece of land known as the Jacob Sharpe farm, instituted in the action by persons claiming to have a lien upon the fund under the following circumstances: Bernard TJ.
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Pkooeeding to reach surplus moneys paid into court, arising upon the sale, in foreclosure, of a piece of land known as the Jacob Sharpe farm, instituted in the action by persons claiming to have a lien upon the fund under the following circumstances: Bernard TJ. Sharpe, of the town of ¡North Greenbush, Rensselaer county, ¡N. Y., died in the year 1882, seized of four farms known as, first, the Home or Harris farm; second, the Jacob Sharpe farm; third, the Conrad Sharpe farm, and fourth, the Andrew Barringer farm. At the time of his death there was, upon the Home or Harris farm and upon the…
1Opinion of the CourtEdwabds, J.
I am of opinion that the report of the referee should be confirmed, except as to the fourth and sixth conclusions of law, wherein he finds that the demand of the claimants to withdraw from the fund the gross value of the life estates should be denied, and that only the annual income should be paid to them.
But for the mortgage lien of the claimants there could be no doubt of the right of the life tenants, Elizabeth S. Graver and Chester B. Graver, to elect to take a gross sum representing their estates, and I see no reason why the court, in the exercise of its discretion, should not, in that…
2Cases cited2 opinions
- Matter of Petition of CampNew York Court of Appeals · 1891
- Wood v. PowellAppellate Division of the Supreme Court of the State of New York · 1896
3Cited by1 opinion
- In re the Estate of SauerNew York Surrogate's Court · 2003