SAFFORD v. KOWALIK


278 A.D. 604 (1951)

Frances P. Safford, Plaintiff, v. John Kowalik et al., Defendants

Appellate Division of the Supreme Court of the State of New York, Third Department.

January 10, 1951.


The question presented is whether plaintiff is seized of the fee to certain real estate which she has agreed to sell and convey to defendants, and they to purchase. Defendants resist performance upon the ground that plaintiff has no title to said premises for the reason that her late husband never had title thereto. Plaintiff's title, if any, derives, from her husband's will. The property was devised to him by his mother's will, by the terms of which, as applicable to the...

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