189 N.Y. 568 | NY | 1907
I think that the reversal by the Appellate Division of the former judgment recovered by the plaintiffs, upon the law, was correct. The decision by the trial court that the committee of the lunatic paid the consideration for the conveyance *569
to herself of the land in question out of the moneys belonging to the lunatic was without evidence to support it. This constituted error of law, for which the judgment was properly reversed. The judgment upon this last trial has been unanimously affirmed by the Appellate Division and this court is precluded from reviewing the facts, upon which the court has found that the purchase consideration paid by the wife of the lunatic, who was also his committee, and to whom the conveyance was made, "did not consist wholly and entirely of funds belonging to" her ward. No trust, therefore, resulted in favor of the lunatic; nor any legal estate which would descend to his heirs at law; within the authority ofSchierloh v. Schierloh, (
CULLEN, Ch. J., EDWARD T. BARTLETT, HAIGHT, WERNER, WILLARD BARTLETT and HISCOCK, JJ., concur.
Judgment affirmed. *570