In re the Estate of Cunniff

The question here presented is whether under the Surrogate’s Court Act the surrogate had authority in this proceeding to grant the order directing the sale of decedent’s real estate for the payment of debts.

Abigail Cunniff died intestate a resident of Albany county, N. Y., on the 12th day of April, 1933. Letters of administration on her estate were issued to the appellant herein on the 18th day of May, 1933.

Deceased left certain real estate and certain personal property, the amount of such personal property being insufficient to pay her debts.

*353Thirza Cunniff, the petitioner-respondent herein,…