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MATTER OF HENDERSON

287 A.D.2d 716 (2001)

732 N.Y.S.2d 53

In the Matter of the Estate of JAMES A. HENDERSON, Deceased. JAMES A. HENDERSON, JR., Appellant; BANK OF SMITHTOWN, Respondent.

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

Decided October 29, 2001.

Ordered that the order is affirmed insofar as appealed from, with costs.

The Surrogate properly determined that the proceeds from the executor's sale of a parcel of real property which had been titled in the decedent's name alone constituted estate assets (see, Matter of Zahoudanis, 205 A.D.2d 547; cf., Matter of Moody, 125 A.D.2d 673). Moreover, the Surrogate properly determined...

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