The respondent estate trustee moved for leave to sell the estate's principal asset, a 10-acre homestead, to pay debts and avoid ongoing costs.
The applicant sibling opposed the sale, seeking instead to sever the property into two 5-acre parcels to keep her half in kind, and brought a late cross-motion to appoint an Estate Trustee During Litigation (ETDL).
The court adjourned the cross-motion to ensure a fair evidentiary record and declined to authorize the sale immediately, instead ordering a case conference to establish terms for the applicant to present a fully costed severance plan.