3. The property interest conveyed by the plaintiff to the defendant by the deeds of November 8 and 12, 1947 was a gift of the fee of and reversion in the real estate described in the Arlaura lease of July 6, 1945, subject to the right of the plaintiff to receive the gross rents under the lease for her life.
4. By their agreement of November 8, 1947, the parties expressed their mutual intention that plaintiff should receive the gross income from the property as long as she lived.
5. Plaintiff's gift to defendant of the fee and reversion of the real estate was not improvident nor induced by undue influence exerted by the defendant; nor the result of ignorance, mistake or incompetence on the part of the plaintiff.
6. When Arlaura Realty Company notified defendant of its desire to terminate the lease, it was reasonable for the defendant to accede to its request, thereafter replacing said lease with the more advantageous one presently encumbering the property, which benefit enures to both himself (after plaintiff's death) and to the plaintiff during her lifetime.
7. Both parties having agreed to the making of the new Ridgewood-Franklin lease, neither may now disaffirm it. By her authorization to Weinstein to enter into the Ridgewood-Franklin lease in consideration of his agreement to pay the rents therefrom to her, Mrs. Muller consented to a modification of the agreement of November 8, 1947, and thereby transferred his obligation thereunder from the Arlaura to the Ridgewood-Franklin rents. In the light of the terms of the original agreement between the parties supplemented by this modification thereof, it necessarily follows that plaintiff is entitled to all of the rents payable under the Ridgewood-Franklin lease for the duration of her life.
8. Because the amounts heretofore paid over by the defendant to the plaintiff are admittedly less than the total of rent payments which he has received, and because certain charges paid by him may be assessable against the interest of the plaintiff, an accounting must be had to determine the exact amount which may be due and owing from the defendant to the plaintiff since the termination of the Arlaura lease.
9. Plaintiff having agreed to the new lease (which provides for annual rental in excess of that under the Arlaura lease) she may not be heard to complain that the small parcel of land not covered by the Ridgewood-Franklin lease, which has never been the subject of any other lease, or productive of any income, should have been let to produce additional income for her. Additionally, in this connection, no proof has been submitted that the parcel in question was capable of being rented.
10. Defendant is vested with and may continue to hold the legal title to the property in question, and plaintiff is not entitled to a reconveyance of the title, or to an assignment of the Ridgewood-Franklin lease, which defendant holds as constructive trustee for plaintiff.
11. The action brought by the plaintiff against Ridgewood-Franklin, in which Weinstein has been joined, (C-692-62), must be dismissed upon entry of final judgment herein, following the accounting hereinabove directed, which shall provide, inter alia, for the distribution of the funds paid into the registry of this Court under this Court's order of September 24, 1962.
12. This Court's determination herein that title remains in Benjamin Weinstein requires the continued payment to him of the rents under the Ridgewood-Franklin lease, but, he shall collect those rents for the benefit of and pay them over to the plaintiff through the duration of her life.
13. Although not specifically prayed for in her complaint, the relief which I have granted is comprehended within her prayer for general relief appropriate in the circumstances.
Let an order in conformity with this opinion be presented.
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