ESTATE OF CHESTER COIRO, Deceased—In this probate proceeding, one of the decedent’s two daughters, both of whom are nominated as co-executrices and co-trustees, petitions for the issuance of preliminary letters testamentary solely to herself, alleging that the other daughter is interfering with the sale of real property owned by the decedent, she and her daughter are living in the two apartments at the realty without honoring her promise to pay the carrying charges or paying rent. The respondent daughter asserts that she was negotiating with the petitioner to purchase the premises; however, as they have been unable to agree on the purchase terms, she agrees the property should be sold. She also contends that she is paying the carrying charges and she and her daughter are looking for another residence.
The parties disagree with respect to whether the petitioner’s reply papers were timely. After examining the reply, the court finds that it does not contain any information with regard to the issue herein which would in any way modify the court’s decision. Consequently, there is no need for the court to either pass upon whether the reply is timely or whether the respondent should be afforded the opportunity to reply thereto.
