Legal Opinion

In re the Estate of Henderson

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

Decided October 29, 2001Published

1Opinion of the Court

—In a proceeding to settle the account of the executor of the estate of James A. Henderson, the executor appeals from so much of an order of the Surrogate’s Court, Suffolk County (Weber, S.), dated May 8, 2000, as denied his motion for summary judgment dismissing the objections to the account.

Ordered that the order is affirmed insofar as appealed from, with costs.

The Surrogate properly determined that the proceeds from the executor’s sale of a parcel of real property which had been titled in the decedent’s name alone constituted estate assets (see, Matter of Zahoudanis, 205 AD2d 547; cf.,…

2Cases cited2 opinions

  1. In re the Estate of MoodyAppellate Division of the Supreme Court of the State of New York · 1986
  2. In re the Estate of ZahoudanisAppellate Division of the Supreme Court of the State of New York · 1994

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