Legal Opinion

In re Mahnken

New York Surrogate's Court

Decided September 15, 1917PublishedCited by 1 opinion

Application for an order granting leave to an administratrix to enter into the possession of real property of which a decedent died seized. •

1Opinion of the Court

Schulz, S.

This is an ex parte application for an order granting leave to an administratrix to enter into the possession of the real property of which a decedent died seized. The reason the order is desired is stated to be that a tenant in one of the parcels of such real property refuses to pay the rent therefor unless such order is made.

I can find no authority sanctioning the mating of such an order upon the facts alleged. Section 2701 of the Code of Civil Procedure which counsel has drawn to my attention does not cover the matter. That section provides that application for the relief…

2Cited by1 opinion

  1. In re an Application for Leave to Enter Into Possession & to Manage & Control & Receive the Rents of Real Property Left by MouldNew York Surrogate's Court · 1920

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