In re the Estate of Cain

OPINION OF THE COURT

Louis D. Laurino, S.

This is a proceeding to compel specific performance of a contract to sell real property which was transferred to this court by the Supreme Court on the grounds that the real estate in question or the proceeds of its sale were assets of the decedent’s estate.

The parties to the present proceeding are the administrator of the decedent’s estate and the assignee of the vendee of the original contract of sale who now moves for summary judgment dismissing the answer filed by the administrator.

The contract to sell the real property was entered into by the…