Barr v. Barr

Appellate Division of the Supreme Court of New York

Barr v. Barr

286 A.D. 865, 142 N.Y.S.2d 131, 1955 N.Y. App. Div. LEXIS 4380

CourtAppellate Division of the Supreme Court of the State of New York

DecidedJune 20, 1955

StatusPublished

This text of 286 A.D. 865 (Barr v. Barr) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Barr v. Barr, 286 A.D. 865, 142 N.Y.S.2d 131, 1955 N.Y. App. Div. LEXIS 4380 (N.Y. Ct. App. 1955).

Pincite

Opinion

Action by a surviving spouse, who is a legatee under decedent’s will and who has filed an election under section 18 of the Decedent Estate Law to enjoin the defendants from delivering a deed to real property, in compliance with a contract of sale, until such time as the Surrogate’s Court, Queens County, shall rule upon the propriety of the sale, and for other relief. The complaint does not allege that the will prohibited the defendants from selling the property, nor does it allege any facts which show that prior approval of the sale is required. Order granting defendants’ motion to cancel the lis pendens and to dismiss the complaint for failure to state facts sufficient to constitute a cause of action unanimously affirmed, with $10 costs and disbursements. (See Decedent Estate Law, § 13.) Present — Wenzel, Acting P. J., MacCrate, Schmidt, Beldock and Ughetta, JJ.

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Action by a surviving spouse, who is a legatee under decedent’s will and who has filed an election under section 18 of the Decedent Estate Law to enjoin the defendants from delivering a deed to real property, in compliance with a contract of sale, until such time as the Surrogate’s Court, Queens County, shall rule upon the propriety of the sale, and for other relief. The complaint does not allege that the will prohibited the defendants from selling the property, nor does it allege any facts which show that prior approval of the sale is required. Order granting defendants’ motion to cancel the lis pendens and to dismiss the complaint for failure to state facts sufficient to constitute a cause of action unanimously affirmed, with $10 costs and disbursements. (See Decedent Estate Law, § 13.) Present — Wenzel, Acting P. J., MacCrate, Schmidt, Beldock and Ughetta, JJ.

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Bluebook (online)

286 A.D. 865, 142 N.Y.S.2d 131, 1955 N.Y. App. Div. LEXIS 4380, Counsel Stack Legal Research, https://law.counselstack.com/opinion/barr-v-barr-nyappdiv-1955.