
    Matter of Shaper.
    
      Lunatic — when contract for necessaries hinds estate.
    
    Where, after a committee of a lunatic had been appointed, the lunatic continued to live in his own house with his family as usual, and a grocer who did not know of the appointment of the committee, sold the lunatic groceries for his family to the amount of $258.67, and it was shown that the groceries were necessary for the lunatic, and were used in his family; held, that the grocer should he paid therefor out of the lunatic’s estate.
    Appeal by petitioners from an order at special term, denying motion to confirm the report of a referee.
    The petition was made by Charles Shaper and another, to have paid out of the estate of George E. Wing, a lunatic, a claim for groceries furnished to said lunatic after a committee of his estate had been appointed.
    
      F. P. Bellamy, for appellant.
    
      Abel Crook, for respondent.
   Barnard, P. J.

The only point passed upon in the opinion is fully set forth in the head-note.

Order reversed.  