MATTER OF LYNCH


80 A.D.2d 959 (1981)

In the Matter of The Estate of Katherine C. Lynch, Deceased. William M. Lynch, as Administrator of The Estate of Katherine C. Lynch, Deceased, Respondent; Catherine E. Lynch et al., Appellants

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

March 12, 1981


In 1957, petitioner's intestate died and petitioner was appointed administrator of the estate. Decedent left six children as distributees, one of whom died in 1975, and the latter's heirs are the respondents herein. To avoid the expense of a partition action, the administrator, who is also a distributee, applied for and obtained an order to sell the intestate's real property. Because there is no time limit within which a fiduciary must institute a proceeding to sell real...

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