Legal Opinion
In re the Estate of Brady
Appellate Division of the Supreme Court of the State of New York
Decided November 23, 1955PublishedCited by 3 opinions
1Opinion of the CourtFoster, P. J.
The Surrogate’s Court of Saratoga County has dismissed this discovery proceeding on the ground that the six-year Statute of Limitations was a bar.
The proceeding was begun by a petition verified December 28, 1950. This alleges in substance that the petitioner is the sole executrix of the estate of Francis Brady, who died on March 30, 1944, and who, at the time of his death was the owner of certain personal property in a hotel in Corinth, New York. It also alleges that on April 22, 1944, a demand was made for possession of the property and such demand was refused.
*674Francis Brady had the life use…
2Cases cited5 opinions
- Lightfoot v. . DavisNew York Court of Appeals · 1910
- Cooley v. . LobdellNew York Court of Appeals · 1897
- In re the Estate of DonnellyNew York Surrogate's Court · 1935
- Harrison v. EganNew York Court of Appeals · 1936
- In re the Estate of CourtadeNew York Surrogate's Court · 1939
3Cited by3 opinions
- Kunstsammlungen Zu Weimar v. ElicofonCourt of Appeals for the Second Circuit · 1982
- Kunstsammlungen Zu Weimar v. ElicofonCourt of Appeals for the Second Circuit · 1982
- In re the Estate of PatenotreNew York Surrogate's Court · 1956