Legal Opinion

In re the Accounting of Rothenberg

New York Surrogate's Court

Decided January 15, 1951Published

1Opinion of the Court

Rubersteir, S.

In this accounting for the acts of the deceased administratrix, her executors have presented an application to sell the real estate of the decedent.

It is the contention of the petitioning executors that the authority granted to the representatives of a deceased fiduciary pursuant to section 257 of the Surrogate’s Court Act, as amended, includes the right of such representatives to petition the court to sell the real estate of the decedent pursuant to sction 234 of the Surrogate’s Court Act.

*253The several authorities cited on behalf of the accountant’s position concern themselves…

2Cases cited6 opinions

  1. Crowe v. HogeboomAppellate Division of the Supreme Court of the State of New York · 1927
  2. In Re the Accounting of HaydenNew York Court of Appeals · 1912
  3. In re the Judicial Settlement of the Account of Proceedings of DuncanAppellate Division of the Supreme Court of the State of New York · 1917
  4. In Re the Accounting of LuckenbachNew York Court of Appeals · 1944
  5. In re the Accounting of LuckenbachAppellate Division of the Supreme Court of the State of New York · 1943

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