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GAZA v. GAZA

Appellate Division of the Supreme Court of New York, Third Department
Mar 1, 1936
247 App. Div. 837 (N.Y. App. Div. 1936)

Summary

In Gaza v. Gaza (247 App. Div. 837, affd. 272 N.Y. 617), language of survivorship, again in the habendum clause, was sufficient to create a joint tenancy.

Summary of this case from In re the Estate of Imp

Opinion

March, 1936.

Appeal from Broome County.


The question presented is whether the grantees in the deed took as tenants in common or as joint tenants. The warranty deed is between the grantors and "Ludwig Gaza and Berta Gaza, husband and wife, as tenants by the entirety." It then states that the parties of the first part for the consideration named, "do hereby grant and release unto the parties of the second part, the survivor, their or the survivor's heirs and assigns forever," the premises in question. And the habendum clause is as follows: "To have and to hold the premises herein granted unto the parties of the second part, the survivor, their or the survivor's heirs and assigns forever." The grantees were not husband and wife, as Ludwig Gaza was then legally married to the plaintiff. It is the contention of the plaintiffs that the grantees took as tenants in common, while the defendant asserts that they took as joint tenants. The defendant's contention was upheld by the court below. Judgment affirmed, with costs. Hill, P.J., Rhodes and Crapser, JJ., concur; McNamee and Bliss, JJ., dissent.


Summaries of

GAZA v. GAZA

Appellate Division of the Supreme Court of New York, Third Department
Mar 1, 1936
247 App. Div. 837 (N.Y. App. Div. 1936)

In Gaza v. Gaza (247 App. Div. 837, affd. 272 N.Y. 617), language of survivorship, again in the habendum clause, was sufficient to create a joint tenancy.

Summary of this case from In re the Estate of Imp
Case details for

GAZA v. GAZA

Case Details

Full title:MARIE SOLAN GAZA and HEDWIKA GAZA SVOBODA, Appellants, v. RUDOLPH J. GAZA…

Court:Appellate Division of the Supreme Court of New York, Third Department

Date published: Mar 1, 1936

Citations

247 App. Div. 837 (N.Y. App. Div. 1936)

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