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Matter of Estate of Henderson

Appellate Division of the Supreme Court of New York, Second Department
Oct 29, 2001
287 A.D.2d 716 (N.Y. App. Div. 2001)

Opinion

Argued September 11, 2001.

October 29, 2001.

In a proceeding to settle the account of the executor of the estate of James A. Henderson, the executor appeals from so much of an order of the Surrogate's Court, Suffolk County (Weber, S.), dated May 8, 2000, as denied his motion for summary judgment dismissing the objections to the account.

Bijesse Belford, St. James, N.Y. (John L. Belford, Jr., of counsel), for appellant.

Patricia C. Delaney, Hauppauge, N.Y., for respondent.

Before: DAVID S. RITTER, J.P., FRED T. SANTUCCI, SANDRA J. FEUERSTEIN, THOMAS A. ADAMS, JJ.


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 that questions of fact exist as to the order of priority of the claims being made against the estate, as well as to the reasonableness of the amounts being claimed.

RITTER, J.P., SANTUCCI, FEUERSTEIN and ADAMS, JJ., concur.


Summaries of

Matter of Estate of Henderson

Appellate Division of the Supreme Court of New York, Second Department
Oct 29, 2001
287 A.D.2d 716 (N.Y. App. Div. 2001)
Case details for

Matter of Estate of Henderson

Case Details

Full title:IN THE MATTER OF JAMES A. HENDERSON, DECEASED. JAMES A. HENDERSON, JR.…

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

Date published: Oct 29, 2001

Citations

287 A.D.2d 716 (N.Y. App. Div. 2001)
732 N.Y.S.2d 53