In the Matter of Acquiring Title by the City of New York to Certain Lands and Premises Situate on the Northerly Side of Covert Avenue, 100 Feet West of Bleecker Street, Borough of Queens, City of New York, Duly Selected for a Site for School Purposes According to Law; In the Matter of Application of Henry Schmidt for an Award to Unknown Owners

Second Department, December, 1909. In the Matter of Acquiring Title by the City of New York to Certain Lands and Premises Situate on the Northerly Side of Covert Avenue, 100 Feet West of Bleecker Street, Borough of Queens, City of New York, Duly Selected for a Site for School Purposes According to Law. In the Matter of Application of Henry Schmidt for an Award to Unknown Owners. Incompetent person —purchase of land by committee. Motion to confirm referee’s report and to fix his fees. [MAJORITY — Per Curiam :] Per Curiam : We are of opinion that the original transfer of the title to this property by the committee was valid. No application to the court was required for the reason that the land was not originally a part of the estate of the incompetent, and when the committee purchased it at the sale under the foreclosure of a mortgage which formed part of his personal estate the land still retained the character of personalty, and the committee held the title thereto only as trustee, Hirschberg, P. J., Woodward, Burr, Rich and Miller, JJ., concurred. Report confirmed, with costs, and referee’s fees fixed at $200.