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MATTER OF GRACE

2 A.D.2d 222 (1956)

In the Matter of Janet M. Grace, an Incompetent Person. Grace National Bank of New York, as a Member of the Committee of the Property of Janet M. Grace, an Incompetent Person, Respondent; Michael P. Grace, Ii, as a Member of the Committee of the Property of Janet M. Grace, an Incompetent, Appellant, and Real Property Owners, Inc., Intervenor-Respondent

Appellate Division of the Supreme Court of the State of New York, Second Department.

July 18, 1956.

Attorney(s) appearing for the Case

Albert Cohn, Ralph Stout and Morris W. Primoff for appellant.

Robert E. Lawther and Cecil L. Head for respondent.

Myles B. Amend and Terence J. Mullen for intervenor-respondent.

Francis V. Goggins for Lerson Realty Corp., amicus curiæ.

WENZEL, Acting P. J., BELDOCK and MURPHY, JJ., concur with UGHETTA, J.; KLEINFELD, J., dissents and votes to reverse the order and to remit the proceeding to the Special Term for further proceedings as indicated, with memorandum.

UGHETTA, J.

One member of the committee of the estate of an incompetent person challenges the propriety of Special Term's exercising its discretion in approving a contract for the sale of the interest of the incompetent in a parcel of real property. This member of the committee participated in the negotiation of the contract and executed the same as committee, as trustee of an estate, and also individually as...

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