Legal Opinion

In re the Estate of Trupiano

New York Surrogate's Court

Decided February 5, 1962Published

1Opinion of the Court

JoHN D. Behhett, S.

This is an application by a residuary beneficiary under the will for an order to sell real property for the purpose of distribution and to compel an accounting.

*168Paragraph Seventh of the will reads as follows: “ I hereby authorize and direct my Executor to dispose of any real property that I may die seized within two years from the date of my death, and to make distribution in accordance with these provisions in my Will. ’ ’

The petitioner has applied for relief to sell the real property under article 13 of the Surrogate’s Court Act. However, under section 233 of the…

2Cases cited3 opinions

  1. In re ErnestAppellate Division of the Supreme Court of the State of New York · 1939
  2. In re the Accounting of QuirkNew York Surrogate's Court · 1956
  3. In re the Estate of SmithNew York Surrogate's Court · 1951

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