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Matter of Lynch

Appellate Division of the Supreme Court of New York, Third Department
Mar 12, 1981
80 A.D.2d 959 (N.Y. App. Div. 1981)

Opinion

March 12, 1981


Appeal from an order of the Surrogate's Court of Chemung County, entered March 19, 1980, which authorized the administrator to sell decedent's real property for the purpose of distribution. 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 property for the purpose of accomplishing distribution (Matter of Kelly, 144 Misc. 330), an affirmance is appropriate. It may well be that partition would personally benefit respondents. However, the interests of the estate, as a whole, are best served by the proposed sale. Order affirmed, without costs. Sweeney, J.P., Casey, Yesawich, Jr., Weiss and Herlihy, JJ., concur.


Summaries of

Matter of Lynch

Appellate Division of the Supreme Court of New York, Third Department
Mar 12, 1981
80 A.D.2d 959 (N.Y. App. Div. 1981)
Case details for

Matter of Lynch

Case Details

Full title:In the Matter of the Estate of KATHERINE C. LYNCH, Deceased. WILLIAM M…

Court:Appellate Division of the Supreme Court of New York, Third Department

Date published: Mar 12, 1981

Citations

80 A.D.2d 959 (N.Y. App. Div. 1981)

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