The Matter of the Estate of Edmund Felix Hennel , , Also Known as Edmund Hennel

I am in the odd position of endorsing everything in the majority’s opinion except the result. Instead of reversing, the matter should be remitted to the Appellate Division for resolution of the Surrogate’s Court’s alternative holding — that decedent’s estate was obligated to satisfy the mortgage as a “just debt.” The Appellate Division expressly bypassed that issue because of its holding for petitioners on promissory estoppel grounds.

The first article of decedent’s last will and testament directs the executor to make “payment of any and all just debts.” In Surrogate’s Court, petitioners…