In re the Estate of Burstein

Wingate, S.

The question of law involved in the present controversy has many times been broached since the passage of the various enactments revising the laws respecting the property of decedents’ estates which became effective on September 1, 1930, but so far as the court is aware, it has never been determined in any reported decisiou. The problem, in brief, concerns the right of a statutory distributee to occupy premises of which an intestate died seized, in opposition to the wishes of the administrator, and without the payment of any rental or return for use and occupation.

In its original…