MATTER OF BARTO


277 A.D. 875 (1950)

In the Matter of The Estate of Katherine Barto, Deceased. Lyman D. Barto, as Administrator of The Estate of Katherine Barto, Deceased, Appellant; Albert H. Bosch, as Special Guardian for John H. Barto and Others, et al., Respondents

Appellate Division of the Supreme Court of the State of New York, Second Department.

June 5, 1950.


Order of the Surrogate's Court, Queens County, unanimously affirmed, without costs.

Section 241 of the Surrogate's Court Act requires that the administrator de bonis non proceed to complete all unfinished matters under the order of January 23, 1948, as the administrator might have completed them. It is only when the estate representative dies or is removed or disqualified before entry of the order authorizing a sale that a new proceeding is required. (Cf. Surrogate...

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