In the Matter of Remedios BALLESTEROS, a/k/a Remy Balesteros deceased, New York State’s Appellate Division directed the administrator of the estate to complete the sale of the decedent’s real property pursuant to a contract entered into by the executrix

of the estate prior to her renouncing her appointment. She had originally entered into the contract in order to generate enough cash to pay off the debts of the decedent because the estate’s assets were insufficient to accomplish this in the absence of the sale.

The property had been specifically left to the son, granddaughter and daughter of the decedent and had vested in them instantly at the moment of her death. The contract entered into pursuant to the directions in the will empowering the executrix to sell or otherwise convert this asset into cash in order to “carry out the provisions ” of the will was found to be binding even though a motion had been made to revoke the letters of administration in an attempt to stymie the sale.