Hyperlawhypertext legal database In re Albrecht 32 N.Y. St. Rep. 193

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In re Albrecht

32 N.Y. St. Rep. 193 Court N.Y. Gen. Term Decision date 1890-05-23 English

Delivered by Van Brunt, P. J.

Contents

Majority

p. 193
In the Matter of Balthazar Albrecht, Deceased.[1]
(Supreme Court, General Term, First Department
Filed May 23, 1890.)

Headnote

Husband and wife — Bond and mortgage executed to, go to survivor.
A bond and mortgage executed to husband and wife becomes the property of the wife on the death of the husband.
Appeal from decree of surrogate overruling exceptions to the referee’s report on an accounting.
The appellants excepted to a finding by the referee that a bond and mortgage executed to decedent and his wife became the property of the wife on his death.
Henry F. Lippold, for app’lt; Samuel ühtermeyer and L. A, Giegerich, for resp’ts.

The principles laid down in the case of Sanford v. Sanford, 45 N. Y., 723 ; 58 id., 72, and reiterated in the case of Bertles v. Nunan, 92 N. Y., 156 , and which have obtained since the existence of the common law, show that the decree of the surrogate was correct and should be affirmed, with costs.

Barrett and Bartlett, JJ., concur.