
    In the Matter of the Application of Sarah E. Stewart and Mary Stewart Tallcott (Formerly Mary E. Stewart), as Administratrices of the Estate of Horatio S. Stewart, Deceased, for the Disposition of the Real Property of Said Decedent for the Payment of his Debts.
    (Surrogate’s Court, Kings County,
    April, 1911.)
    Executors and administrators — Subjection of realty to payment of debts and liabilities of estate — Matters and proceedings after order, sale and conveyance — Confirmation — Not required.
    ■ There is no warrant for confirmation of a sale of decedent’s lands for the payment of his debts, notwithstanding the word confirmation” was inadvertently left in section 2774 of the Code of Civil Procedure, when former section 2776 of said Code, which required-an order confirming the sale, was repealed in 1904.
    Motion to confirm a sale of decedent’s land for payment of debts.
    McKeen, Brewster & Morgan, for motion,
   Ketciiam, S.

There is no warrant for confirmation of a sale of decedent’s lands for the payment of his debts. Former section 2776 of the Code of Oivil Procedure, which required an order confirming the sale, was repealed, in 1904, by the act which reformed the practice relative to the sale of decedent’s lands. Laws of 1904, chap. 750.

It is not possible that a procedure thus deliberately excluded was impliedly preserved by the incidental reference which was unfortunately left in section 2774 of the Code. That section, in like manner, retained the provision that “ a freeholder appointed to execute the decree ” should not purchase at the sale, although the statute of 1904 left out the express direction, formerly contained in the Code, that a freeholder should be appointed. As well might it be argued that the present statute, by implication and accident, requires or permits the appointment of a freeholder to conduct the sale as that confirmation is required because the word confirmation ” escaped the process of revision.

Motion denied.  