New York Supreme Court, 1892

Coster v. Coster

New York Supreme Court · Decided December 12, 1892 · Pratt

21 N.Y.S. 203; 50 N.Y. St. Rep. 880 (New York Supplement)

Counsel

Dill, Chandler & Seymour, (Frederick Seymour, of counsel,) for appellant., Billings & Cardozo, (Coles Morris, of counsel,) for respondents Henry A. Coster and Mary L. Coster., Edgar J. Nathan, for respondent Julia De Lancey Coster.

Opinion of the Court

PRATT, J.

The referee’s conclusions are sustained by the proof. If appellant is right in her views of the value of the eight-acre lot, she can protect her rights by buying it upon the sale. As she is entitled to one third the whole estate, and the eight-acre lot is of far less value than one third, so to do would not require any cash payment, and would be ■substantially the same as its being set aside to her, as she desires.

Judgment affirmed.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.