3 Bradf. 376 | N.Y. Sur. Ct. | 1855
The intestate on the 1st of May, 1840, became the lessee of certain premises in this city from William Cairns, junior, and Ann Eliza, his wife, for the term of seven years, provided the said Ann Eliza should live so long, at the yearly rent of one hundred and eighty dollars. There was a covenant in the lease for quiet surrender of the premises at the expiration of the term, and that the lease should not “ take away any of the legal rights” of the lessee “ to any building or buildings now erected or hereafter to be erected upon the premises.” Zilkin, the lessee, died in February, 1846, and his widow took out letters of administration upon his estate. The lease was appraised and included in the inventory, filed in June, 1846. On the first of May, 1847, the