¶1The following is the opinion filed at Special Term:
¶2The will, by conferring on the executors a mandatory power of sale, converted the land into money. The parties in interest having elected to take the land as such, have worked an equitable'reconversion; it is again land, and the title is in them in fee. Oases cited in McDonald v. O'Hara, 9 Mise. Rep. 686; aff’d, 144 N. T. 566.
¶3The infant, by its testamentary guardian and its guardian ad, liiem, with the sanction of the court, hereby expressed, has joined with the adults in the election, so as to make it the united as well as the binding act of all. The reconversion is complete and the power of .sale extinguished.
¶4If the executor (as he claims) has incurred expenses in reference to the land prior to the reconversion and he cannot obtain reimbursement from the estate in his hands, he may plead the facts, that the court may in its final decree protect by equitable lien or otherwise any just demand he may have. Those who seek equity must do equity.
¶5In the meantime the injunction prayed for, restraining further interference with the land by the executor, will be granted. Ho costs.
¶6The order should be affirmed, with ten dollars costs and disbursements, upon the opinion filed by the learned judge at Special Term.
¶7Present: Fbeedman and Gildebsleeve, JJ.
¶8Order affirmed, with ten dollars costs and disbursements.