MATTER OF BRENNAN


10 A.D.2d 1005 (1960)

In the Matter of The Estate of Ellen M. Brennan, Deceased. Thomas L. Brennan, Appellant; James M. Brennan et al., Respondents

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

May 31, 1960


Order affirmed, with one bill of $10 costs and disbursements, payable by appellant personally to the respondents.

After the expiration of the time to appeal from the decree, said coexecutor made the motion to vacate it on the ground that all the devisees (who include the two executors) had agreed, among themselves, that they would take the real property free of the executors' power of sale. As to all these parties it is now settled that, under the statute (Surrogate...

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