In re the Accounting of Schenk

Rubenstein, S.

The petitioning executor-accountant claims the ownership of the proceeds of the sale of certain real property located in Florida. In 1939, the accountant and the testatrix, husband and wife, held title to the property as tenants by the entirety. In that year they entered into a contract of sale, the vendee going into possession. Upon payment of the remaining consideration accountant and testatrix agreed to execute and deliver a deed. Several years later testatrix was judicially declared incompetent. Still later the vendee, having tendered the required consideration, commenced an…