Legal Opinion
In re Rodrigues
Appellate Division of the Supreme Court of the State of New York
Decided October 24, 2006PublishedCited by 6 opinions
1Opinion of the Court
*927In a proceeding pursuant to SCPA 2102 to compel the executrix of the estate to sell real property, the petitioner appeals from an order of the Surrogate’s Court, Westchester County (Scarpino, S.), dated August 24, 2005, which granted the executor’s motion for summary judgment dismissing the petition.
Ordered that the order is affirmed, with costs.
The testator’s will directed the executrix of her estate to sell, as soon as practically possible, any real property that she owned at her death, at market price. Paragraph “FIFTH” of the will provided, however, that in the event one of the…
2Cases cited3 opinions
- In re the Accounting of United States Trust Co.New York Court of Appeals · 1957
- In re Bank of New YorkAppellate Division of the Supreme Court of the State of New York · 1982
- In re the Estate of ClarkAppellate Division of the Supreme Court of the State of New York · 2003
3Cited by6 opinions
- In re the Estate of MurrayAppellate Division of the Supreme Court of the State of New York · 2011
- Matter of DaweAppellate Division of the Supreme Court of the State of New York · 2020
- Matter of ChernikAppellate Division of the Supreme Court of the State of New York · 2017
- In re the Estate of PrevratilAppellate Division of the Supreme Court of the State of New York · 2014
- In re the Estate of PrevratilAppellate Division of the Supreme Court of the State of New York · 2014
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