In re the Estate of Burns

The appellant is the ex-husband and a judgment creditor of Myra Springer, a specific devisee of certain real property under *675the will of her mother, the decedent M. Winifred Burns. The appellant moved, inter alia, for leave to intervene in the proceeding in which the real property was to be sold. By order dated April 8,1994, the Surrogate’s Court denied the branch of the motion which was for leave to intervene, restrained the distribution of the proceeds of the sale of the real property pending a final decree judicially settling the account of the executrix, and made the appellant a party to…