Opinion
Argued November 26, 1956
Decided January 10, 1957
Appeal from the Appellate Division of the Supreme Court in the Second Judicial Department, PETER M. DALY, J.
Myles J. Lane, Emil Morosini, Jr., Stuart G. Schwartz and Rudolph E. Boschwitz for appellant.
Robert E. Lawther, Oscar M. Bate and Cecil L. Head for respondent.
Myles B. Amend, Terence J. Mullen, John J. Duffy and Carmine Di Giosaffatte for intervenor-respondent.
Order affirmed, with one bill of costs to respondents payable out of the incompetent's estate. Under the circumstances of this case, no error of law was committed by Special Term in approving the executory contract signed by both members of the committee for the sale of real property of this incompetent. No opinion.
Concur: CONWAY, Ch. J., DESMOND, DYE, FULD, FROESSEL, VAN VOORHIS and BURKE, JJ.