Matter of Solomon

Holding The Surrogate’s Court properly ratified the executor’s sale of specifically bequeathed real property, which was voidable rather than void ab initio due to the lack of prior judicial approval. The sale was validated nunc pro tunc as necessary to satisfy estate debts, and the purchasers were protected as bona fide purchasers for value.

The court’s words

such vesting is not absolute, and there are circumstances that would allow the [executor] to dispose of the property in a manner that is not contemplated by the specific bequest

2026 NY Slip Op 04688, at the official text

the fact that [petitioner] could have received express authority from the Surrogate[ ] . . . to make the transfer renders such a transfer voidable, but not void ab initio

2026 NY Slip Op 04688, at the official text

the evidence at the hearing established that, even excluding the mortgage debt that would have become the responsibility of respondents, the estate had numerous non-mortgage debts and obligations in excess of its liquid assets

2026 NY Slip Op 04688, at the official text

the VanDeWalls had no 'duty to inquire merely because the sale was consummated via an executor's deed'

2026 NY Slip Op 04688, at the official text