167 Greenwich Realty Co. v. Kehoe

The parties to this submission, under sections 546-548 of the Civil Practice Act, seek a determination as to the right of one of the defendants, as administratrix, to sell certain real property to the plaintiff without first obtaining the approval of the Surrogate. The answer to the question necessitates an interpretation of section 13 of the Decedent Estate Law. Subdivision 1 of that section permits such sale in certain circumstances, subject however to the limitations stated in subdivision 2 thereof. There is nothing in the statement of facts to indicate whether or not the property comes…