Waxson Realty Corp. v. Rothschild

Both sides agree that the executor or administrator of a deceased person has no power to carry out a contract to sell real property made by the latter and to give a deed thereunder, except as such power is conferred by statute. One question here is whether section 227 of the Surrogate’s Court Act gives such power without an order of authorization or confirmation. The first statutory provision on the subject seems to have been enacted in 1908, when section 2801-a was added to the Code of Civil Procedure by chapter 502 of the Laws of that year. Under that provision the execution and delivery of…