IN RE: James A. HENDERSON

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Supreme Court, Appellate Division, Second Department, New York.

IN RE: James A. HENDERSON, Deceased. James A. Henderson, Jr., Appellant; Bank of Smithtown, Respondent.

Decided: October 29, 2001

DAVID S. RITTER, J.P., FRED T. SANTUCCI, SANDRA J. FEUERSTEIN and THOMAS A. ADAMS, JJ. Bijesse & Belford, St. James, N.Y. (John L. Belford, Jr., of counsel), for appellant. Patricia C. Delaney, Hauppauge, N.Y., for respondent.

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.

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, 612 N.Y.S.2d 667;  cf., Matter of Moody, 125 A.D.2d 673, 510 N.Y.S.2d 18).   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.

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