Reports of Cases Heard and Determined in the Appellate Division of the Supreme Court of the State of New York (Volume 128)

This historic book may have numerous typos and missing text. Purchasers can download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1908. Excerpt: ... Second Department, October, 1908. Vol. 138. all the lands under water in the said New York Bay in front of said premises. The plaintiff derives title to all of Lawrence Park not heretofore conveyed, through deeds from Lawrence Kerr, Jr., dated August 8 and 10, 1904, to the United Contractors' Corporation which conveyed to plaintiff in December of the same year. The rights to the land under water in front of defendants' premises are under a deed in which the heirs of Mary Kerr, deceased, widow of Lawrence It. Kerr, Sr., united to said United Contractors' Corporation and one from it to the plaintiff executed October 24, 1905, by which all lands under water in front of the entire Park are conveyed in the language of the grant by the State to Lawrence R.. Kerr, Sr. The plaintiff's contention as to the lands under water and the beach is that they did not pass to the grantee under the referee's deed in the partition action upon which defendant's title and right of possession are based, because they were not included therein; that defendant's title is limited by the specific description in her deed to land lying east of Maple avenue and north of Shore avenue. The learned trial justice refused to assent to this contention, and I think he was clearly right. The title and right to possession to both the upland and land under water, including that between high and low-water mark, was in Lawrence R. Kerr, Sr., at the time of his death, and passed by devise to his widow and upon her death to her heirs, and although not specifically mentioned or described in the referee's deed it passed, under such deed to Kerr, Jr., as an appurtenance. Archibald v. N. Y. C. II. R. R. R. Co., 157 K Y. 574, 579.) That it was the intention of the heirs that it should is ma...