Morgan v. Helmer

Appellate Division of the Supreme Court of New York

Morgan v. Helmer

106 A.D.2d 884, 483 N.Y.S.2d 549, 1984 N.Y. App. Div. LEXIS 21795

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

DecidedDecember 14, 1984

StatusPublished

This text of 106 A.D.2d 884 (Morgan v. Helmer) 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

Morgan v. Helmer, 106 A.D.2d 884, 483 N.Y.S.2d 549, 1984 N.Y. App. Div. LEXIS 21795 (N.Y. Ct. App. 1984).

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Opinion

—Order unanimously affirmed, without costs. Memorandum: Plaintiffs, as remaindermen, may maintain their action for waste against defendant, not as an assignee, but as a tenant for life under the statute (RPAPL 801). “A tenant for life, of estates, is one to whom lands or tenements are granted or devised, or to which he derives title by operation of law, for the term of his own life or the life of another” (Matter of Hyde, 41 Hun 72, 75). Helmer acquired by deed a life estate in the property measured by the life of the original life tenant, commonly known as an estate pur autre vie. He is therefore a proper party against whom this action may be maintained by the remaindermen. (Appeal from order of Supreme Court, Wyoming County, Conable, J. — summary judgment.) Present — Denman, J. P., Boomer, Green, O’Donnell and Schnepp, JJ.

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—Order unanimously affirmed, without costs. Memorandum: Plaintiffs, as remaindermen, may maintain their action for waste against defendant, not as an assignee, but as a tenant for life under the statute (RPAPL 801). “A tenant for life, of estates, is one to whom lands or tenements are granted or devised, or to which he derives title by operation of law, for the term of his own life or the life of another” (Matter of Hyde, 41 Hun 72, 75). Helmer acquired by deed a life estate in the property measured by the life of the original life tenant, commonly known as an estate pur autre vie. He is therefore a proper party against whom this action may be maintained by the remaindermen. (Appeal from order of Supreme Court, Wyoming County, Conable, J. — summary judgment.) Present — Denman, J. P., Boomer, Green, O’Donnell and Schnepp, JJ.

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Bluebook (online)

106 A.D.2d 884, 483 N.Y.S.2d 549, 1984 N.Y. App. Div. LEXIS 21795, Counsel Stack Legal Research, https://law.counselstack.com/opinion/morgan-v-helmer-nyappdiv-1984.