In re the Board of Transportation

By a deed of trust, dated June 6, 1806, William Nagel granted to certain trustees a part of his farm in the then outward section of the city of New York as a burial ground for “ the benefit of his family connections, relations and friends,” with a “ burial privilege without interruption.” The deed recites the fact that the plot had been used for cemetery purposes “ for ages past.” No record appears of any successors having been appointed to the trustees named in the deed so that on their death the trust vested in the Supreme Court. The city of New York in *5581926 took by condemnation for…