Legal Opinion
In re an Application for Leave to Enter Into Possession & to Manage & Control & Receive the Rents of Real Property Left by Mould
New York Surrogate's Court
Decided December 15, 1920PublishedCited by 2 opinions
Proceeding to permit executor to enter into possession of real property.
1Opinion of the Court
Slater, S.
This is a proceeding under section 2701 of the Code of Civil Procedure, wherein the executor asks leave of the court to enter into possession of all the real property of the decedent, and to manage and control the same and receive the rents therefrom, alleging that a sale of such real property will be necessary. The estate consists of certain personal and real property. The will gives legacies amounting to $40,-500 and the remainder of the estate to a certain named devisee. It is alleged that the personal property now in the hands of the executor amounts to $20,000. Another…
2Cases cited4 opinions
- Hyde v. TannerNew York Supreme Court · 1847
- Coann v. . CulverNew York Court of Appeals · 1907
- In re the Judicial Settlement of the Account of Proceedings of DoyleAppellate Division of the Supreme Court of the State of New York · 1917
- In re MahnkenNew York Surrogate's Court · 1917
3Cited by2 opinions
- In re the Judicial Settlement of the Final Account of Proceedings of PurdyNew York Surrogate's Court · 1927
- In re Application for Leave to Enter into Possession and to Manage and Control & Receive the Rents of Real Property Left by MouldAppellate Division of the Supreme Court of the State of New York · 1921