21 A.D.2d 838 | N.Y. App. Div. | 1964
Appeal by the executor from a decree of judicial settlement entered in the Surrogate’s Court of St. Lawrence County, in part upon the Surrogate’s own motion. All parties having consented to the relief sought in the petition or having failed to appear, there is no respondent upon the appeal. The appellant executor contracted to sell decedent’s residential real property for $15,000, a sum greatly in excess of the amount of its value as fixed in estate tax proceedings and in excess of its actual value as otherwise shown. It was subsequently discovered that a small landlocked parcel was subject to an option, conferred in 1900, providing that St. Lawrence Alumnae Association of Kappa Kappa Gamma should have “the opportunity to purchase the same at the best bona fide