MATTER OF RODRIGUES


33 A.D.3d 926 (2006)

823 N.Y.S.2d 205

In the Matter of ERMELINDA RODRIGUES, Deceased. JOSE RODRIGUES, Appellant; MARIE HAMMEL, Respondent.

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

Decided October 24, 2006.


Ordered that the order is affirmed, with costs.

The testator's will directed the executrix of her estate to sell, as soon as practically possible, any real property that she owned at her death, at market price. Paragraph "FIFTH" of the will provided, however, that in the event one of the beneficiaries wished to purchase the real property, "said beneficiary shall have the first opportunity to purchase the property." To obtain the benefit of this provision, the will...

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