
    In the Matter of the Application of George T. Brokaw, Appellant. Maurice Bloch, Appellant; Howard C. Brokaw et al., Respondents.
    (Argued June 3, 1927;
    decided June 21, 1927.)
    
      Real property — application by life tenant for permission to mortgage premises denied where consent of contingent remaindermen had not been obtained.
    
    
      Matter of Brokaw, 219 App. Div. 337, affirmed.
    Appeal from an order of the Appellate Division of the Supreme Court in the first judicial department, entered February 4, 1927, which reversed two orders of Special Term, one confirming the report of a referee and directing him to negotiate for and report respecting a proposed mortgage and the other directing the referee to execute and deliver a mortgage of premises at the northeast corner of Fifth avenue and Seventy-ninth street, in the borough of Manhattan, city of New York. The proceeding was brought by the fife tenant of the premises, under sections 67-71 of the Real Property Law, to obtain permission to mortgage the premises for the purpose of erecting a modern building thereon. The Appellate Division dismissed the petition on the ground that the consent of contingent remaindermen had not been obtained.
    
      
      Harry J. Ahlheim, Ambrose G. Todd and Alexander S. Rowland for George T. Brokaw, appellant.
    
      Maurice Bloch, attorney, in person.
    
      Yorke Allen for respondents.
   Order affirmed, with costs; no opinion.

Concur: Cardozo, Ch. J., Pound, Crane, Andrews, Lehman, Kellogg and O’Brien, JJ.  