In re the Estate of Muller

On a submission of facts pursuant to section 546 of the Civil Practice Act, judgment is directed to be entered declaring that the Surrogate of Queens County has power to exercise discretion and direct or refuse to direct a sale of the real property of the intestate. It is agreed that the death occurred in 1884 and that letters of administration were not issued until 1954. Because of the provisions of section 90 of the Surrogate’s Court Act and of section 2560 of the Code of Civil Procedure, it must be assumed until the letters of administration are revoked that the administratrix has the…