Burtt v. Riley

Appellate Division of the Supreme Court of New York

Burtt v. Riley

260 A.D. 899, 22 N.Y.S.2d 972, 1940 N.Y. App. Div. LEXIS 5278

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

DecidedOctober 31, 1940

StatusPublished

This text of 260 A.D. 899 (Burtt v. Riley) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Burtt v. Riley, 260 A.D. 899, 22 N.Y.S.2d 972, 1940 N.Y. App. Div. LEXIS 5278 (N.Y. Ct. App. 1940).

Pincite

Opinion

Appeal from a judgment of the Supreme Court, at Special Term for Ulster county, dismissing the complaint in this action wherein plaintiffs sought to have it decreed that decedent was the rightful owner of certain real property in Ulster county, N. Y. Decedent left him surviving the plaintiffs, who are his widow and adult children, and the defendant who is his sister. The record title of the property in question is in the name of the defendant. It is the contention of the plaintiffs that decedent paid the consideration for the purchase of the property and caused it to be conveyed to the defendant for the purpose of defeating the rights of his wife, from whom he lived apart for some years; also that there was an express or implied promise on the part of defendant to reconvey the premises upon demand. The case was tried without a jury, and the trial court held that plaintiffs failed to sustain the burden of proof that defendant’s title was illusory and in name only. Judgment appealed from unanimously affirmed, with costs. Present — Hill, P. J., Crapser, Bliss, Heffernan and Foster, JJ,

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Appeal from a judgment of the Supreme Court, at Special Term for Ulster county, dismissing the complaint in this action wherein plaintiffs sought to have it decreed that decedent was the rightful owner of certain real property in Ulster county, N. Y. Decedent left him surviving the plaintiffs, who are his widow and adult children, and the defendant who is his sister. The record title of the property in question is in the name of the defendant. It is the contention of the plaintiffs that decedent paid the consideration for the purchase of the property and caused it to be conveyed to the defendant for the purpose of defeating the rights of his wife, from whom he lived apart for some years; also that there was an express or implied promise on the part of defendant to reconvey the premises upon demand. The case was tried without a jury, and the trial court held that plaintiffs failed to sustain the burden of proof that defendant’s title was illusory and in name only. Judgment appealed from unanimously affirmed, with costs. Present — Hill, P. J., Crapser, Bliss, Heffernan and Foster, JJ,

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Bluebook (online)

260 A.D. 899, 22 N.Y.S.2d 972, 1940 N.Y. App. Div. LEXIS 5278, Counsel Stack Legal Research, https://law.counselstack.com/opinion/burtt-v-riley-nyappdiv-1940.