This is a Message Board Post that is gatewayed to this mailing list. Author: drdjones Surnames: Lawson, Lawrence Classification: queries Message Board URL: http://boards.rootsweb.com/surnames.lawson/3427.1.1.1.1.1.1.1.2.1.1.2.3.1.3.1.1.2.1.1.1.1.1/mb.ashx Message Board Post: You might find this interesting Reports of cases heard and determined in the Appellate Division of the Supreme Court of the state of New York By New York (State). Supreme Court. Appellate Division, Marcus Tullius Hun, Jerome B. Fisher, Austin B. Griffin Published by Banks, 1906 Julia L. Dwight, Respondent, v. Edgar V. Lawrence, Individually and as Sole Heir at Law of Samuel R. Lawrence, Deceased, Appellant, Impleaded with Katherine L. Neumann and Others, Defendants. First Department, March 9, 1906. Partition - when direction for sale of premises proper although, there are contingent interests. Although there are contingent interests in real estate devised by will dependent upon whether children entitled to share may come into being, an order of sale in an action for partition is proper, when all the persons who have a present interest in the subject-matter of the sale are before the court, including the executor of the will who will receive the portions of such afterborn children in trust to be disposed of under the terms of the will. Appeal by the defendant, Edgar V. Lawrence, individually and as sole heir at law of Samuel R. Lawrence, deceased, from an interlocutory judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of New York on the 18th day of April, 1905, upon the report of a referee, directing a partition and sale of certain real property. Charles L. Hoffman, for the appellant. De Lagnel Berier, for the respondent. W. H. Van Steenbergh, guardian ad litem of the infant defendant Katherine R. Neumann. Per Curiam : The judgment appealed from must be affirmed. It properly directs a sale of the property affected. It is perfectly obvious, under the proofs presented, that an actual partition could not be made so as to do justice to all of the parties interested. Under the judgment appealed from the plaintiff is entitled to an undivided one-fourth interest; the appellant, individually and as sole heir at law of Samuel R. Lawrence (who has died since the appeal was taken), is entitled to an undivided one-half interest; and the remaining one-fourth interest is held by Gaines Lawson, as executor and trustee under the last will and testament of Laura Lawson, deceased, in trust to pay the income therefrom, one-half to the defendant Katherine L. Neumann during her life and the other half to Lawrence M. Lawson during his life. The defendants Katherine L. Neumann, Lawrence M. Lawson and the infant defendant Katherine L. Neumann have an interest, either vested or contingent, in this remainder, but i! t is immaterial whether or not such interest be correctly stated in the judgment, inasmuch as none of them have appealed therefrom and this part of the judgment in no way affects or concerns the plaintiff. It is sufficient to say that a purchaser upon the sale will obtain good title inasmuch as there are now before the court all of the parties who at the present time have any interest in the subject-matter of the sale. (Code Civ. Proc. §§ 1557, 1577.) The "fact that there may hereafter be unborn children who might have an interest in the one-fourth interest or some part thereof now held by Gaines Lawson, as executor and trustee, conld not affect the title because "the person(s) first entitled to which or other virtual representative(s) whereof" are parties to the action. (Code Civ. Proc. § 1557, subd. 3.) The only appellant is Edgar Y. Lawrence The plaintiff, after deducting the costs and expenses of the sale, will be entitled to one-fourth of the proceeds, the appellant to one-half, and the defendant Gaines Lawson, as executor and trustee under the last will and testament of Laura Lawson, to the remaining one-fourth, the same to be held by him in trust and to be disposed of in accordance with the terms of such will. The judgment appealed from, therefore, should be affirmed, with costs to the respondent. Present - O'brien, P. J., Ingraham, Mclaughlin, Laughlin and Houghton, JJ. Judgment affirmed, with costs. Order filed. Important Note: The author of this message may not be subscribed to this list. If you would like to reply to them, please click on the Message Board URL link above and respond on the board.