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MATTER OF KNAPP

119 A.D.2d 676 (1986)

In the Matter of The Estate of Amalie W. Knapp, Deceased. Catherine T. Knapp, Appellant; Peter Gauharou et al., Respondents

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

April 14, 1986

Decree modified, on the facts, by deleting the word "uncontrolled" from the second decretal paragraph. As so modified, decree affirmed, with costs payable by the appellant.

The will clearly and unambiguously grants the executor or the trustee the power to sell the testatrix's real property if he should deem it absolutely necessary. Thus, the decision to sell or retain the subject real property is committed to the sound discretion...

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