Legal Opinion
In re Barnes
New York Surrogate's Court
Decided February 15, 1920PublishedCited by 2 opinions
Proceeding upon the settlement of the accounts of an executor.
1Opinion of the Court
Wingate, S.
The power or authority to sell given to the executor is purely discretionary. There is no direction in the will that the real property comprised in the residuary estate be sold; there is no direction to divide, nor is there by the terms of the will any duty to sell imposed upon the executor. It does not appear that the personal estate of the testator was insuffi*570cient to pay Ms debts and administrative expenses. Neither by the will nor by the situation o.f the estate does there appear to be any necessity for a sale of the real estate; and the intentions of the testator, as expressed…
2Cases cited8 opinions
- Scholle v. . ScholleNew York Court of Appeals · 1889
- In Re the Accounting of TatumNew York Court of Appeals · 1902
- Parker v. . LindenNew York Court of Appeals · 1889
- Phoenix v. Trustees of Columbia CollegeAppellate Division of the Supreme Court of the State of New York · 1903
- Phoenix v. Trustees of Columbia College, City of N.Y.New York Court of Appeals · 1904
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3Cited by2 opinions
- Wechsler v. DreyAppellate Division of the Supreme Court of the State of New York · 1922
- In re the Estate of KelleherNew York Surrogate's Court · 1929