In re the Estates of Osterndorf

John D. Bennett, S.

This is a petition to authorize the administrator and direct the sale of real property under terms and conditions set forth in a contract of sale which is annexed to the papers submitted.

EPTL 11-1.1 gives administrators broad powers and accordingly proceedings under SCPA 1901 for the sale of real property or SCPA 2107 for advice and direction should be exercised only in extraordinary situations (Matter of Tannenbaum, 20 A D 2d 808, affd. 15 N Y 2d 829; Matter of Ebbets, 139 Misc. 250).

The question here deals with one of business judgment and not law. Because of the…