In re the Estate of Rosanes

Appellate Division of the Supreme Court of New York

In re the Estate of Rosanes

81 A.D.2d 673, 438 N.Y.S.2d 345, 1981 N.Y. App. Div. LEXIS 11209

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

DecidedApril 27, 1981

StatusPublished

This text of 81 A.D.2d 673 (In re the Estate of Rosanes) 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 Rosanes, 81 A.D.2d 673, 438 N.Y.S.2d 345, 1981 N.Y. App. Div. LEXIS 11209 (N.Y. Ct. App. 1981).

Pincite

Opinion

— In a proceeding to compel the executors of an estate to transfer certain real property to the petitioner, petitioner appeals from so much of a decree of the Surrogate’s Court, Nassau County, dated December 18, 1980, as required her to post security in the amount of $7,500 with the executors of the estate as a condition precedent to the issuance of a deed. Decree affirmed insofar as appealed from, with $50 costs and disbursements payable personally by appellant. Under the circumstances at bar, where the property in question may still subject the decedent’s estate to additional tax liability, the Surrogate did not abuse his discretion in requiring appellant to provide an undertaking in the amount of $7,500 as a condition precedent to her acquisition of the property. Lazer, J. P., Cohalan, Margett and O’Connor, JJ., concur.

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— In a proceeding to compel the executors of an estate to transfer certain real property to the petitioner, petitioner appeals from so much of a decree of the Surrogate’s Court, Nassau County, dated December 18, 1980, as required her to post security in the amount of $7,500 with the executors of the estate as a condition precedent to the issuance of a deed. Decree affirmed insofar as appealed from, with $50 costs and disbursements payable personally by appellant. Under the circumstances at bar, where the property in question may still subject the decedent’s estate to additional tax liability, the Surrogate did not abuse his discretion in requiring appellant to provide an undertaking in the amount of $7,500 as a condition precedent to her acquisition of the property. Lazer, J. P., Cohalan, Margett and O’Connor, JJ., concur.

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Bluebook (online)

81 A.D.2d 673, 438 N.Y.S.2d 345, 1981 N.Y. App. Div. LEXIS 11209, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-the-estate-of-rosanes-nyappdiv-1981.