Schreyer v. Schreyer — 182 N.Y. 555

Majority

p. 555

John Schreyer, Respondent, v. John F. Schreyer et al., Defendants, and Elizabeth Gibbins et al., Appellants.

(Argued October 2, 1905;

decided October 17, 1905.)

Headnote

Schreyer v. Schreyer, 101 App. Div. 456 , affirmed.

Appeal, by permission, from an order of the Appellate Division of the Supreme Court in the first judicial department, entered February 16, 1905, affirming an interlocutory judgment in favor of plaintiff entered upon a decision of the court on trial at Special Term.

The following question was certified: “ Did the deed executed by James L. Lowry on the éth day of August, 1891, terminate the trust theretofore existing and vest a good and valid title in fee simple in the said premises in the said Henrietta Guldenlrircli, free and clear of any trust ? ”

Algernon S. Norton and Garlos C. Alden for appellants.

Alexander Thain for respondent.

Interlocutory judgment affirmed, with costs, on opinion below. Question certified answered in the affirmative.

. Concur: Cullen, Ch. J., Gray, Bartlett, Haight, Vann and Werner, JJ. Absent: O’Brien, J.

Cases cited

Schreyer v. Schreyer 101 App. Div. 456 N.Y. App. Div. 1905-02-10 p. 555