Responses to Questions Of General
Public Interest in the Year 1898
"M.F.H." asks: "Can a man living
in New York Legally deed
directly to his wife real estate
located in the State of Maine?"
He can do so whether residing in
New York or Maine, or any other
state, since the deed would be
governed by the statute of
Maine, where the land is
located.
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"Anxious" is perplexed as to how
he can get rid of a lawyer's
grip. He says: "Several years
ago my lawyer had a power of
attorney made out so he could
attend to some business for me,
as I was going away. Now, I am
living here again and do not
wish him to have it any longer,
as my confidence in him is
shaken. What should I do about
it? How ask him to give it up
without offending him?"
Well, there is no need of
offense at your resuming charge
of your own business, provided
you pay the attorney for what
services he has already
rendered. He has no right to
assume that an indefinite
appointment is an appointment
for life or good behavior.
Whether you have confidence in
him now or not, you have a
perfect right to terminate the
employment at pleasure.
______
"Mrs. M. Mc." states the
following case: "I built a
house, twenty-four years ago,
and now I am told that it is
seven inches on the next lot.
What I want to know is if I can
be compelled to move, and if I
can sell my house and give a
quit claim deed; or can I claim
the benefit of the squatters'
act?"
The time of the statute of
limitation having expired you
can hold it or sell it. You
cannot be compelled to remove,
but may sell it and deed it if
you wish.
______
"J.M.J." asks as follows: "A
leases a store to B and C. B and
C are brothers. B's name only
appears in the lease. After a
time B sells his interest to C.
A accepts rents from C and gives
him a receipt. When C defaults
in rent, can A hold B for the
rent?"
If the landlord knew of the
transfer, and then accepted rent
from C and receipted to C
individually, he thereby
accepted C as the sole tenant,
and cannot have recourse to B on
C's failure to pay.
______
"J.E." asks as follows: "Will
you please give information as
follows: A lady died without
making a will, leaving a husband
and two children. She had in her
name the deed to a house and lot
valued at about $7,000, on which
there is a mortgage of $4,000,
and also had about $800 in cash
deposited in a savings bank, the
deposit book for which is in her
name. What proportion of the
above is each heir entitled to
and what action should be taken
to get possession of and divide
it? If her husband is to be
appointed administrator, what
must be done to secure the
appointment and what expense is
there in connection with it? Is
the administrator obliged to
give bond? The deceased person
left no debts and there is no
dispute or want of harmony
between the heirs, is there any
specified time after death in
which application for
appointment as administrator
must be made? Is there any less
trouble some way than this of
arranging for settlement of the
matter?"
The surviving husband has the
first right to administer the
estate. If he fails to do so
within a reasonable time others
may do so who are interested in
the estate.
An administrator is appointed on
application to the Surrogate
Court, and must give bond. The
cost is trifling.
The husband is entitled to
one-third of the personal
property, and is tenant by
courtesy of the house and lot
for life. The children are
entitled to the remaining
two-thirds of the personal
property, equally divided, and
to equal shares in the house and
lot at the husband's death.
The easiest way, if the two
children are of age, is by
mutual arrangement. Then, as
there are no personal debts,
there does not need to be any
administrator. But the mortgage
will have to be paid on the
house and lot, or the creditor
can take it, and be appointed
administrator for that purpose,
if others fail to take out
letters.
