In re the Estate of Carey

—In a proceeding to compel the payment of a legacy, Arthur W. Decker, the executor of the estate of Robert E. Carey, appeals, as limited by his brief, from so much of an order and decree (one paper) of the Surrogate’s Court, Rockland County (Weiner, S.), dated March 3, 1997, as granted that branch of the respondent’s motion which was for summary judgment on his cause of action to recover $74,500, representing an amount owed by the estate in connection with a contract to sell a life estate in certain property.

Ordered that the order and decree is reversed insofar as appealed from, on the law,…