Winegard v. Levy

The premises were used for business purposes exclusively and were located at 3 and 5 First street, borough of Manhattan, city of New York. Bethany Smith was the owner in fee. She died in 1889 leaving a last will and testament whereby the testatrix devised the premises to Anah E. S. Tilson for life and upon her death to her issue who were Carrie T. Winegard, the appellant herein, and one Lida D. Klotz, who subsequently conveyed her interests to the appellant. The respondent obtained possession under a lease dated May 1,1911, made by the fife tenant, Anah E. S. Tilson, for the term of nineteen…