In re the Estate of Brennan

Appellate Division of the Supreme Court of New York

In re the Estate of Brennan

10 A.D.2d 1005, 204 N.Y.S.2d 747, 1960 N.Y. App. Div. LEXIS 9571

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

DecidedMay 31, 1960

StatusPublished

This text of 10 A.D.2d 1005 (In re the Estate of Brennan) 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

In re the Estate of Brennan, 10 A.D.2d 1005, 204 N.Y.S.2d 747, 1960 N.Y. App. Div. LEXIS 9571 (N.Y. Ct. App. 1960).

Pincite

Opinion

In a proceeding by one executor, James M. Brennan, for the sale of testatrix’ real property, the coexecutor, Thomas L. Brennan, appeals from an order of the Surrogate’s Court, Queens County, dated December 29, 1959, denying his (the coexeeutor’s) motion to vacate the decree of said court, entered July 22, 1958, which approved and authorized the sale of such real property. Order affirmed, with one bill of $10 costs and disbursements, payable by appellant personally to the respondents. After the expiration of .the time to appeal from the decree, said coexecutor made the motion to vacate it on the ground that all the devisees (who include the two executors) had agreed, among themselves, that they would take the real property free of the executors’ power of sale. As to all these parties it is now settled that, under the statute (Surrogate’s Ct. Act, § 234, subd. 7), the Surrogate had jurisdiction of the proceeding for the sale of the testatrix’ real property by the executor and was empowered, in the exercise of his discretion, to authorize the sale (Brennan v. Brennan, 8 A D 2d 621, motion for leave to appeal denied, 8 A D 2d 827; 7 N Y 2d 705). Nolan, P. J., Beldoek, Ughetta, Kleinfeld and Christ, JJ., concur.

Free access — add to your briefcase to read the full text and ask questions with AI

In a proceeding by one executor, James M. Brennan, for the sale of testatrix’ real property, the coexecutor, Thomas L. Brennan, appeals from an order of the Surrogate’s Court, Queens County, dated December 29, 1959, denying his (the coexeeutor’s) motion to vacate the decree of said court, entered July 22, 1958, which approved and authorized the sale of such real property. Order affirmed, with one bill of $10 costs and disbursements, payable by appellant personally to the respondents. After the expiration of .the time to appeal from the decree, said coexecutor made the motion to vacate it on the ground that all the devisees (who include the two executors) had agreed, among themselves, that they would take the real property free of the executors’ power of sale. As to all these parties it is now settled that, under the statute (Surrogate’s Ct. Act, § 234, subd. 7), the Surrogate had jurisdiction of the proceeding for the sale of the testatrix’ real property by the executor and was empowered, in the exercise of his discretion, to authorize the sale (Brennan v. Brennan, 8 A D 2d 621, motion for leave to appeal denied, 8 A D 2d 827; 7 N Y 2d 705). Nolan, P. J., Beldoek, Ughetta, Kleinfeld and Christ, JJ., concur.

Cite This Page — Counsel Stack

Bluebook (online)

10 A.D.2d 1005, 204 N.Y.S.2d 747, 1960 N.Y. App. Div. LEXIS 9571, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-the-estate-of-brennan-nyappdiv-1960.