114 Misc. 682 | N.Y. Sup. Ct. | 1921
Plaintiffs sue to compel specific performance by the defendants, their vendees named in a contract for the sale of real property. Objections to the marketability of the title were presented upon the trial by the defendants. The following facts appear: One Max Singer died intestate in 1910 seized of an undivided one-half interest in the property. He left as his only heirs-at-law seven infant children. In 1911 a proceeding was instituted in this court for the sale of the said interest of said infants, and their mother, Mollie Singer, was appointed their special guardian. Thereafter and pursuant to an order made in said proceeding the said special guardian sold and conveyed the infants’ interests in said property to Julius Pearson and Morris Gerstenfeld by deed dated February 24, 1912. Two days later the said grantees reconveyed said property to said Mollie Singer,
Judgment for plaintiffs, with costs.