Legal Opinion

Hastrich v. Pilcher

Appellate Division of the Supreme Court of the State of New York

Decided February 28, 1916Published

Appeal in the action by the plaintiff, William H. Hastrich, individually and as executor, from a judgment of the Supreme Court in favor of the defendants, entered in the office of the clerk of the county of Kings on the 30th day of January, 1915, dismissing the action and vacating an injunction pursuant to the decision of the court after a trial at the Kings County Special Term.

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Appeal in the action by the plaintiff, William H. Hastrich, individually and as executor, from a judgment of the Supreme Court in favor of the defendants, entered in the office of the clerk of the county of Kings on the 30th day of January, 1915, dismissing the action and vacating an injunction pursuant to the decision of the court after a trial at the Kings County Special Term. Appeal in the proceeding by William H. Hastrich, as executor, from part of a decree of the Surrogate’s Court of the county of Kings, entered in the office of said Surrogate’s Court on the 29th day of March, 1915.

1Opinion of the Court

Jerks, P. J.:

Ungerland owned certain premises in fee simple, which were sold, in December, 1895, by the State Comptroller for taxes pursuant to chapter 711 of the Laws of 1893.* Ungerland died in January, 1896, intestate, seized and in possession of the premises, without having redeemed them from the sale. He left three infant sons, his only heirs at law, and a widow. In February, 1896, the widow was appointed and qualified as administrator of her husband and as general guardian of the said infants. During her life, and in 1903,, the said premises were mortgaged for $7,500. The widow died in…

2Cases cited18 opinions

  1. In Re the Probate of the Will of WalkerNew York Court of Appeals · 1892
  2. In re the Estate of WagnerNew York Court of Appeals · 1890
  3. In Re the Accounting of NilesNew York Court of Appeals · 1889
  4. Stagg v. . JacksonNew York Court of Appeals · 1848
  5. Knolls v. . BarnhartNew York Court of Appeals · 1877

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