116 N.Y.S. 101 | N.Y. App. Div. | 1909
¡No question is raised with respect to the regularity or validity of the proceedings in this special proceeding. The special guardian of the infant was duly authorized to enter into a contract for the sale of the interest of the infant in the real estate described in the petition and she duly contracted with the appellant for the purchase thereof and the sale was duly approved by the court. Upon tender of the deed of the special guardian, however, the appellant refused to complete his purchase upon the ground that the infant had no marketable title or interest in the real estate. The facts upon which this objection was based were then presented to the court in a report made by the special guardian. The objections of the purchaser were overruled and he appeals from the order directing him to complete his purchase. The infant claims title upon the ground that one Elizabeth Collins, who died on the 3d day of April, 1893,
It follows, therefore, that the order should be reversed, with ten dollars costs and disbursements, and the appellant should be released from his contract for the purchase of the premises.
Patterson, P. J., Ingraham, McLaughlin and Scott, JJ., concurred.
Order reversed, with ten dollars costs and disbursements, and motion denied, with ten dollars costs.