In re Covert Avenue — 120 N.Y.S. 170

Majority

p. 170

In re COVERT AVE. IN CITY OF NEW YORK. In re SCHMIDT.

(Supreme Court, Appellate Division, Second Department.

December 30, 1909.)

Headnote

Insane Persons (§ 71^[1] )—Conveyances—Powers of Committee—Application to Court—Necessity.

Where land was not originally a part of the estate of an incompetent, but was purchased by the committee at a sale upon foreclosure of a mortgage forming a part of the incompetent’s personal estate, it retained the character of personalty, and the committee held it only as trustee; and hence no application to the court by the committee was necessary in order to transfer it.

[Ed. Note.—For other cases, see Insane Persons, Dec. Dig. § 71.^[1] ]

p. 171

In the matter of acquiring title by the City of New York to certain lands situate on the northerly side of Covert Avenue, 100 feet west of Bleecker Street, Borough of Queens, City of New York, selected for school purposes according to law, in which proceedings Henry Schmidt applied for an award to unknown owners. On motion to confirm referee’s report and fix his fees.

Report confirmed.

See, also, 133 App. Div. 931 , 118 N. Y. Supp. 1140 .

Argued before HIRSCHBERG, P. J., and WOODWARD, BURR, RICH, and MILDER, JJ.

James Moffett, for the motion..

Francis IC. Pendleton, Corp. Counsel, opposed.

We are of opinion that the original transfer of the title to this property by the committee was valid. No application to the court was required, for the reason that the land was not originally a part of the estate of the incompetent, and when the committee purchased it at the sale under the foreclosure of a mortgage which formed part of his personal estate, the land still1 retained the character of personalty, and the committee held the title thereto only as trustee.

Report confirmed, with costs, and referee’s fees fixed at $200.