Mauran v. Hawley
New York Surrogate's Court
Petition by Pierre B. Mauran, one of the executors of decedent’s will, under Code Civ. Pro., § 2706, for an inquiry respecting certain personal property belonging to decedent’s estate, alleged to be in the possession of E. J. Hawley, and for a citation to the latter, requiring him to attend and be examined. The facts appear sufficiently in the opinion.
1Opinion of the Court
The Surrogate.
This is a proceeding for the discovery of property alleged to be withheld. I am asked to dismiss it because citation was not issued according *397to law, and because the Surrogate’s order for the personal attendance and examination of the party cited was not duly made or served.
First. The citation was admittedly issued by the clerk of this court, without the special order or direction of the Surrogate. The powers of the clerk in such matters are derived from § 2509 of the Code of Civil Procedure. Paragraph 1, subd. 2 of that section declares that the clerk “ may issue any mandate to…
2Cases cited3 opinions
- Howland v. RalphNew York Supreme Court · 1808
- Billings v. CarverNew York Supreme Court · 1868
- Cheetham v. LewisNew York Supreme Court · 1806