Right of Occupancy Granted, Forced Sale by Executor Denied

A right of occupancy (which is different from a life estate) granted by the decedent’s will was not invalid or void against public policy merely because the decedent had no certificate of occupancy and the structure appeared to be in violation of building codes, and so the petition of the executor to sell the property was denied.  Miller Estate, 5 Fid. Rep. 3d 231 (OC Chest. 2015) (Opinion by Tunnell, J.)

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