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In re Grace

2 N.Y.2d 822 Court N.Y. Decision date 1957-01-10 English

Judges Concur: Conway, Ch. J., Desmond, Dye, Fund, Froessel, Van Voorhis and Burke, JJ.

Contents

Majority

p. 822
In the Matter of Janet M. Grace, an Incompetent Person. Grace National Bank of New York, as a Member of the Committee of the Property of Janet M. Grace, an Incompetent Person, Respondent; Michael P. Grace, II, as a Member of the Committee of the Property of Janet M. Grace, an Incompetent, Appellant, and Real Property Owners, Inc., Intervenor-Respondent.
Argued November 26, 1956;
decided January 10, 1957.
p. 823
Myles J. Lane, Emil Morosini, Jr., Stuart G. Schwartz and Rudolph E. Boschwitz for appellant.
Robert E. Lawther, Oscar M. Bate and Cecil L. Read for respondent.
Myles B. Amend, Terence J. Mullen, John J. Duffy and Carmine Di Giosaffatte for intervenor-respondent.
p. 824
Order affirmed, with one bill of costs to respondents payable out of the incompetent’s estate. Under the circumstances of this case, no error of law was committed by Special Term in approving the executory contract signed by both members of the committee for the sale of real property of this incompetent. No opinion.

Concur: Conway, Ch. J., Desmond, Dye, Fund, Froessel, Van Voorhis and Burke, JJ.