MILLER v. BERG


167 A.D.2d 118 (1990)

Sigmund H. Miller, Appellant, v. Peter W. Berg et al., Respondents

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

November 1, 1990


The decedent died in 1978, bequeathing a life estate in the family residence to her husband, the plaintiff, with remainder interest to defendants, her children from a prior marriage. The will further provided that the remaindermen could sell the property with plaintiff's consent, in which event plaintiff would be entitled to a payment from the proceeds of $5,000 per year, for the period of his life expectancy, computed from the date of closing of title. In 1984, defendants...

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