In re the Estate of Fox

OPINION OF THE COURT

Millard L. Midonick, J.

This proceeding was brought by the escrow agent for the property deposited to secure the decedent’s performance under a separation agreement with his former wife. The escrowed property originally consisted of the shares of stock and the lease representing the decedent’s ownership interest in his co-operative apartment (together with the relevant stock power and assignment executed in blank). Pursuant to an earlier decision of this court, the agent was authorized to sell the apartment and now holds the proceeds of such sale. He seeks a direction from…