Opinion
April 4, 1949.
Order granting petition for assignment of mortgage reversed on the law, with $10 costs and disbursements, and the motion denied, with $10 costs. Petitioner is not "the owner of the land" within the meaning of section 275 Real Prop. of the Real Property Law. He is successor in interest merely of two of an unspecified number of legatees who, at best, are to share in personalty, namely, proceeds of the sale of realty in accordance with a mandatory direction contained in a will. ( Delafield v. Barlow, 107 N.Y. 535; McDonald v. O'Hara, 144 N.Y. 566.) Carswell, Acting P.J., Johnston, Sneed, Wenzel and MacCrate, JJ., concur.