In re Cosgrove

Appellate Division of the Supreme Court of New York

In re Cosgrove

275 A.D.2d 773

Appellate Division of the Supreme Court of the State of New York·Decided April 4, 1949·Published

Opinion

Petitioner is not “ the owner of the land ” within the meaning of section 275 of the Real Property Law. He is successor in interest merely of two of an unspecified number of legatees who, at best, are to share in personalty, namely, proceeds of the sale of realty in accordance with a mandatory direction contained in a will. (Delafield V. Barlow, 107 N. Y. 535; McDonald v. O’Hara, 144 N. Y. 566.) Carswell, Acting P. J., Johnston, Sneed, Wenzel and MaeCrate, JJ., concur.

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Petitioner is not “ the owner of the land ” within the meaning of section 275 of the Real Property Law. He is successor in interest merely of two of an unspecified number of legatees who, at best, are to share in personalty, namely, proceeds of the sale of realty in accordance with a mandatory direction contained in a will. (Delafield V. Barlow, 107 N. Y. 535; McDonald v. O’Hara, 144 N. Y. 566.) Carswell, Acting P. J., Johnston, Sneed, Wenzel and MaeCrate, JJ., concur.

In re Cosgrove, 275 A.D.2d 773 (N.Y. Ct. App. 1949).

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Opinion

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