Appellate Division of the Supreme Court of New York, 1994

In re the Estate of Garvin

In re the Estate of Garvin
Appellate Division of the Supreme Court of New York · Decided December 12, 1994
210 A.D.2d 331; 620 N.Y.S.2d 401; 1994 N.Y. App. Div. LEXIS 12513
In re the Estate of Garvin

Opinion of the Court

—In a proceeding, inter alia, to compel the co-executrix Mildred Clarke to execute the necessary documents to effectuate the conveyance of estate real property to the co-executrix Evelyn Kaczor, the appeal is from a decree of the Surrogate’s Court, Orange County (Slobod, S.), dated January 21, 1994, which directed Mildred Clarke to execute the necessary documents to effectuate the conveyance and to vacate the premises.

Ordered that the decree is affirmed, with costs payable by the appellant personally.

The Surrogate’s Court did not improvidently exercise its discretion by ordering the appellant, Mildred Clarke, to execute the necessary documents to effectuate the conveyance of the subject property to the respondent, Evelyn Kaczor. The record establishes that a majority of the executors approved the sale to Kaczor (see, EPTL 10-10.7). The record also demonstrates that the Kaczor’s share of the estate exceeds the purchase price of the property. Therefore, Kaczor may apply her share of the estate to the purchase price (see, SCPA 1915). Sullivan, J. P., Rosenblatt, Miller and Ritter, JJ., concur.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.