Spitzer v. Spitzer
Appellate Division of the Supreme Court of the State of New York
Appeal hy the plaintiff, Robert Spitzer, from, an interlocutory judgment of the Supreme Court in favor of the defendant, Albert Spitzer, entered in the office of the cleric of the county of New York on the 15th. day of July, 1898, upon the decision of the court, rendered after a trial at the New York Special Term, overruling the plaintiff’s demurrer to the said defendant’s answer. The 4th clause of the will referred to in the opinion is as follows: • ■ “ Fourth.
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Appeal hy the plaintiff, Robert Spitzer, from, an interlocutory judgment of the Supreme Court in favor of the defendant, Albert Spitzer, entered in the office of the cleric of the county of New York on the 15th. day of July, 1898, upon the decision of the court, rendered after a trial at the New York Special Term, overruling the plaintiff’s demurrer to the said defendant’s answer. The 4th clause of the will referred to in the opinion is as follows: • ■ “ Fourth. I give and devise unto my executor hereinafter named, .the house and lot now owned hy me and known as No. 975 Park avenue, in the…
1Opinion of the CourtCullen, J.
The plaintiff demurred to the answer ; the defendant retorted by asserting that the complaint did not state a good cause of action. This contention the court below upheld, and rendered judgment in favor of the defendant. The action is for partition, and the only question is whether, under the 4th clause in the will of the ancestor of the plaintiff, the defendant, as executor, took title to the real estate mentioned in that clause. We think he did. There is a devise in express terms to the executor, and be is directed to collect the rents and divide them among the beneficiaries until such time…
2Cases cited1 opinion
- Mott v. . AckermanNew York Court of Appeals · 1883
3Cited by5 opinions
- Epstein v. WerbelovskyAppellate Division of the Supreme Court of the State of New York · 1920
- Epstein v. WerbelovskyNew York Supreme Court · 1919
- In re the Estate of CurrierNew York Surrogate's Court · 1930
- Stork v. MerchantSupreme Court of South Carolina · 1923
- In re the Accounting of GattermeyerNew York Surrogate's Court · 1943