In re the Estate of Marino

OPINION OF THE COURT

Lee L. Holzman, J.

In this proceeding pursuant to SCPA article 19 for an order authorizing the administratrix c. t. a. to sell real property devised under decedent’s will, the issue presented is whether *189the court should withhold its consent to a sale where the contract of sale provides for court approval, the specific devisees oppose the sale and they are willing to pay their pro rata share of the estate expenses.

Respondents are the specific devisees of one of the parcels of realty sub judice. Petitioner asserts that the genesis of this application is the need to liquidate…