24 N.Y.S. 412 | N.Y. Sup. Ct. | 1893
In 1851 one Benjamin Page became seised in fee of the premises 38 and 40 West Broadway by devise from his grandfather, John R. Livingston. In 1876, Page, still seised of these premises, was declared to be a lunatic, and Stephen H. Olin was duly appointed committee of his personal estate. Page continued a lunatic all his life, and said Olin was his committee at the time of his death. In 1877 the Metropolitan Elevated Railway Company- commenced the erection of the Sixth Avenue Elevated Railroad in front of 38 and 40 West Broadway, and shortly after the railroad and its equipments were leased by the Manhattan Elevated Railway Company, which has operated it ever since, and thereby greatly impaired the value of 38 and 40 West Broadway. In October, 1888, Olin, as such committee, began an action in the superior court to restrain the railroad company from operating its railroad in front of said premises, and for past rental damages; and on the 13th of December, 1890, a judgment was entered enjoining
The sole question presented is whether this $4,000, which was the price paid by the railroad company for the easements taken by them from the lunatic, was real estate or assets of the deceased lunatic belonging to his administrators. After a careful examination of the elaborate brief upon the part of the appellants, we do not see, in view of the practice of the courts under similar circumstances, and which has been long established prior to the time of any statute upon the subject, that there can be any doubt but that the proceeds of the real estate of a lunatic, disposed of no ■matter how, (unless perhaps pursuant to some authority coupled with an interest given by the lunatic while sane,) remain real estate so long as his incompetency exists. It is not necessary to
The counsel for the appellants claim certain irregularities in the proceedings in pursuance of which the committee assumed to execute the conveyance to the elevated railroad company. We do not see that that has anything to do with the question before us. If' the railroad companies were content to take it,-that was a question for them to decide, and the personal representatives of the-lunatic have no interest therein. It is not at all necessary, therefore, to consider the points which have thus been raised. The-money was paid for the easements. If they were not conveyed,, the title still remains in the heirs of the lunatic. But we'imagine that after they have received the proceeds of the sale such a claim would not avail them much, even if it had any foundation.
The judgment should be affirmed, with costs.