In re the Accounting of Jones

Wells, S.

In this accounting proceeding, the act of the executrix under the will of this decedent, in selling the real property, which she was authorized to sell, is challenged.

The executrix was examined under oath, as provided by section 263 of the Surrogate’s Court Act, and it is her contention that having the necessary legal authority to sell, the decision as to time and manner of sale involves a question of pure business judgment, and seeks to justify the sale on such grounds. (Matter of Chapman, 32 N. Y. S. 2d 290, 291, 292.)

Letters testamentary were issued to this executrix April 23,…