Matter of Solomon

Holding The Surrogate’s Court properly ratified the executor’s sale of specifically bequeathed real property, nunc pro tunc, because the sale was necessary to satisfy estate debts and the buyers were bona fide purchasers for value. The court affirmed that such a sale, lacking prior judicial approval, is voidable rather than void ab initio, thereby protecting the purchasers from rescission.

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 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

the deed is not void ab initio but, at most, voidable

2026 NY Slip Op 04688, at the official text