MATTER OF WAY


56 Misc.2d 552 (1967)

In the Matter of The Estate of Costella G. Way, Deceased.

Surrogate's Court, Jefferson County.

December 26, 1967


Attorney(s) appearing for the Case

Donald L. Taylor for petitioner.


LEON SCHWERZMANN, JR., S.

The preliminary executor of this estate, in doubt as to his right to sell real property under letters which are silent on the point, has applied for an order granting him this authority. The question, of course, is whether such an order is necessary.

In redefining and enlarging the powers of a preliminary executor under EPTL 11-1.1, the revisers neglected to repeal or change the language of the former statute on the subject...

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