Siegman v. Sorrentino

The plaintiff seeks a decree that certain realty standing in the name of the defendant executor’s decedent is in fact the property of the plaintiff, and a decree compelling its conveyance to the plaintiff, or such other relief as may be proper. The estate has not been settled.

In addition to admissions and denials, the defendant executor pleads six special defenses — first, that the action is premature because plaintiff has presented a claim against the estate for the purchase price of the property which has not been acted upon by the executor pending an appeal from his appointment; second,…