In re the Estate of Garvin

Appellate Division of the Supreme Court of New York

In re the Estate of Garvin

210 A.D.2d 331, 620 N.Y.S.2d 401, 1994 N.Y. App. Div. LEXIS 12513

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

DecidedDecember 12, 1994

StatusPublished

This text of 210 A.D.2d 331 (In re the Estate of Garvin) 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 Garvin, 210 A.D.2d 331, 620 N.Y.S.2d 401, 1994 N.Y. App. Div. LEXIS 12513 (N.Y. Ct. App. 1994).

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Opinion

—In a proceeding, inter alia, to compel the co-executrix Mildred Clarke to execute the necessary documents to effectuate the conveyance of estate real property to the co-executrix Evelyn Kaczor, the appeal is from a decree of the Surrogate’s Court, Orange County (Slobod, S.), dated January 21, 1994, which directed Mildred Clarke to execute the necessary documents to effectuate the conveyance and to vacate the premises.

Ordered that the decree is affirmed, with costs payable by the appellant personally.

The Surrogate’s Court did not improvidently exercise its discretion by ordering the appellant, Mildred Clarke, to execute the necessary documents to effectuate the conveyance of the subject property to the respondent, Evelyn Kaczor. The record establishes that a majority of the executors approved the sale to Kaczor (see, EPTL 10-10.7). The record also demonstrates that the Kaczor’s share of the estate exceeds the purchase price of the property. Therefore, Kaczor may apply her share of the estate to the purchase price (see, SCPA 1915). Sullivan, J. P., Rosenblatt, Miller and Ritter, JJ., concur.

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—In a proceeding, inter alia, to compel the co-executrix Mildred Clarke to execute the necessary documents to effectuate the conveyance of estate real property to the co-executrix Evelyn Kaczor, the appeal is from a decree of the Surrogate’s Court, Orange County (Slobod, S.), dated January 21, 1994, which directed Mildred Clarke to execute the necessary documents to effectuate the conveyance and to vacate the premises.

Ordered that the decree is affirmed, with costs payable by the appellant personally.

The Surrogate’s Court did not improvidently exercise its discretion by ordering the appellant, Mildred Clarke, to execute the necessary documents to effectuate the conveyance of the subject property to the respondent, Evelyn Kaczor. The record establishes that a majority of the executors approved the sale to Kaczor (see, EPTL 10-10.7). The record also demonstrates that the Kaczor’s share of the estate exceeds the purchase price of the property. Therefore, Kaczor may apply her share of the estate to the purchase price (see, SCPA 1915). Sullivan, J. P., Rosenblatt, Miller and Ritter, JJ., concur.

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Bluebook (online)

210 A.D.2d 331, 620 N.Y.S.2d 401, 1994 N.Y. App. Div. LEXIS 12513, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-the-estate-of-garvin-nyappdiv-1994.