Home/Appellate Division of the Supreme Court of New York/In re the Estate of Schwartz

In re the Estate of Schwartz

279 A.D. 934, 111 N.Y.S.2d 775, 1952 N.Y. App. Div. LEXIS 5363
CourtAppellate Division of the Supreme Court of the State of New York
DecidedMarch 24, 1952
StatusPublished

This text of 279 A.D. 934 (In re the Estate of Schwartz) 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
In re the Estate of Schwartz, 279 A.D. 934, 111 N.Y.S.2d 775, 1952 N.Y. App. Div. LEXIS 5363 (N.Y. Ct. App. 1952).

Opinion

A condition that the devisee shall not rent part of the property may be lawfully imposed on the devise of a life estate. (De Peyster v. Michael, 6 N. Y. 467, 491-492; Oliver v. Wells, 254 N. Y. 451.) There was sufficient evidence before the Surrogate to justify the finding that decedent received the moneys advanced by petitioner as loans (Bogert v. Morse, 1 N. Y. 377), except as to claim “ #5 ”, which should have been disallowed. Interest should have been allowed on the claims from the date of death rather than from the date of presentation of the claims. (Matter of Manchester, 279 App. Div. 254.) Present — Nolan, P. J., Carswell, Johnston, Adel and Schmidt, JJ.

Free access — add to your briefcase to read the full text and ask questions with AI

Related

Bogert v. . Morse
1 N.Y. 377 (New York Court of Appeals, 1848)
De Peyster v. . Michael
6 N.Y. 467 (New York Court of Appeals, 1852)
Oliver v. Wells
173 N.E. 676 (New York Court of Appeals, 1930)
In re the Accounting of Lewis
279 A.D. 254 (Appellate Division of the Supreme Court of New York, 1952)

Cite This Page — Counsel Stack

Bluebook (online)
279 A.D. 934, 111 N.Y.S.2d 775, 1952 N.Y. App. Div. LEXIS 5363, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-the-estate-of-schwartz-nyappdiv-1952.