Proceedings of Capozzi v. Hunt

Headnote

Decedent’s estate —• lease — covenants —• claim against estate for breach of covenant of quiet enjoyment contained in lease made by decedent of lands held by him as life tenant — eviction of tenants by remaindermen ■— dismissal of claim on ground tenants had notice of extent of decedent’s interest in lands.

Matter of Hunt, 211 App. Div. 801 , affirmed.

Appeal from an order of the Appellate Division of the Supreme Court in the second judicial department, entered November 21, 1924, which affirmed a decree of the Westchester County Surrogate’s Court disallowing the claim of the petitioner herein against the estate of Daniel Hunt, deceased, based upon an alleged breach of covenant of quiet enjoyment contained in a lease of real property made by decedent to claimant and her husband, since deceased. The lessor had only a life estate in the demised premises and upon his death, during the term of th? lease, the remaindermen evicted the tenants. The surrogate held “ that the lessees had actual notice at the time of the execution of the lease of May, 1913, that Daniel Hunt had only a life estate or tenancy in the leased premises and this notice is presumed to continue and there was no fraud on the part of the lessor or with

holding of information or knowledge that misled the lessees, and there, was no payment of rent in advance under said lease by said lessees, and in view of the foregoing there is no liability for compensatory damages.”