Section 9-26-4

Citation: Section 9-26-4
Parent Document: In Re Tetreault, 11 A.3d 635 (2011)
Jurisdiction: Rhode Island (state)
Effective Date: 2011-01-13
Original Source: https://www.courtlistener.com/opinion/2560125/in-re-tetreault/ ↗

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As discussed above, debtor in this case was a general devisee of real property, whose fee simple interest was subject to defeasance. Here, debtor filed his petition for bankruptcy on October 8, 2008, one day after executrix commenced an eviction action and more than one month after executrix issued a notice of termination of tenancy to debtor to prepare the property for sale to settle the probate estate. Soon after debtor filed for bankruptcy, executrix filed a petition in Probate Court for sale of the property. Later, in April 2009, the Pi-obate Court granted executrix’s petition for sale of the property, and the District Court ordered eviction of debtor from the property. After debtor appealed the two adverse judgments, the Superior Court entered final judgments on April 27, 2010, denying debtor’s appeals, thereby affirm-' ing the Probate Court’s order authorizing sale of the property and upholding the District Court’s order of eviction.

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