Majority
p. 762In the Matter of Ann Eliza Owens.[1] (New York Common Pleas, General Term, Filed June 6, 1892.)
Headnote
1. Lunacy—Supersedeas.The court has no power alter the death of a lunatic to supersede the commission of lunacy on the ground that she had been restored to reason.
3. Same—Traverse—Cloud on title.
But a grantee'whose conveyance is invalidated by the inquisition may traverse it notwithstanding such death, and it is possible that the cloud on the title can be removed by an action for,that purpose against all her heirs at law.
Appeal by the Church of St. Francis Xavier from order denying motion to confirm report of a referee.
Proceeding to annul an adjudication of idiocy.
In 1873, Ann Eliza Owens was adjudged an idiot, and a committee appointed, who never in fact acted. On July 1, 1890, she conveyed certain real estate to the appellant and died in August following. ‘This proceeding was referred and the referee reported that at the time of such conveyance “ she was mentally capable of acting arid fully understood and comprehended its effect, ” and recommended that the prayer of the petition be granted and the-adjudication annulled and set aside.
George Bliss, for app’lt; W. Tazewell Fox, for resp’t.
We have examined the papers and testimony in this case with care, and while we are convinced that the grantor in the deed in controversy was of sound mind when she made it, yet we think the reasons given by the learned judge who denied the motion are conclusive. In addition to the remedy suggested by the judge at special term, it is possible that the cloud upon the title may be removed by an action brought for that purpose, in which all the heirs at law are made parties.
The order should, therefore, be affirmed, with costs.
Daly, Ch. J., Bischoff and Pryor, JJ., concur.