MATTER OF SETEL


43 A.D.2d 792 (1973)

In the Matter of the Accounting of Eugene Setel et al., as Executors of Robert J. Crone, Deceased. (Appeal No. 1.)

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

December 6, 1973


Order unanimously reversed conditionally in accordance with memorandum, but if appellant does not comply with the conditions, order affirmed, without costs.

Memorandum:

Upon the facts it was proper for the Surrogate to direct that the stock be sold. In view of the testator's intent as expressed in his will, it was error for the Surrogate to deny unconditionally appellant's motion to reopen the order of sale. Appellant should be given a reasonable time, which...

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