21 N.Y.S. 203
Decided December 12, 1892
New York Supreme Court · decided 1892-12-12
Action by Henry A. Coster and Mary L. Coster, his wife, against Julia De Lancey Coster and Cornelia F. Coster, for partition of two parcels of land, of which each of said parties, except Mary L. Coster, owned an undivided one-third interest. One parcel contained 31 acres, and the other 8 acres. The referee found that, while each parcel could be sold to advantage as a whole, no one part of either could be advantageously sold if a division of the land was made.
Decided 1892-12-12
¶1The 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.
¶2Judgment affirmed.