Legal Opinion

In re the Estate of Lynch

Appellate Division of the Supreme Court of the State of New York

Decided March 6, 1981Published

1Opinion of the Court

Appeal from an order of the Surrogate’s Court of Chemung County, entered March 19, 1980, which authorized the administrator to sell decedent’s real property for the purpose of distribution. In 1957, petitioner’s intestate died and petitioner was appointed administrator of the estate. Decedent left six children as distributees, one of whom died in 1975, and the latter’s heirs are the respondents herein. To avoid the expense of a partition action, the administrator, who is also a distributee, applied for and obtained an order to sell the intestate’s real property. Because there is no time limit…

2Cases cited1 opinion

  1. In re the Estate of KellyNew York Surrogate's Court · 1932

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