In re Gick
New York Surrogate's Court
This is a proceeding under section 2707 of the Code of Civil' Procedure, authorizing proceedings to discover property of the estate withheld from the executor or administrator, founded upon a written petition, duly verified, setting forth that a sum of money amounting to about twelve) hundred dollars, which was in the possession of the deceased within two years prior to her death, is in the possession or under the control of one Frank Stumpf, who was about the person of the…
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This is a proceeding under section 2707 of the Code of Civil' Procedure, authorizing proceedings to discover property of the estate withheld from the executor or administrator, founded upon a written petition, duly verified, setting forth that a sum of money amounting to about twelve) hundred dollars, which was in the possession of the deceased within two years prior to her death, is in the possession or under the control of one Frank Stumpf, who was about the person of the deceased prior to her death and in whose hands the effects of the said deceased have fallen and who withholds the same…
1Opinion of the Court
Lester, S.
This proceeding is brought under sections 2707 ■et seq. of the Code of Civil Procedure, contained in article 1 of title 4 of chapter 18, and relating to the aid, supervision ■and control of an executor or administrator.
The present statute is derived from chapter 394 of the Laws ■of 1870, which, together with its various modifications since that date, has been the subject of much discussion by the courts. In 1880 the General Term of the Third Department held that this statute was unconstitutional, because, under its provisions, -a person might be deprived of his property without due…
2Cases cited2 opinions
- O'Brien v. BakerAppellate Division of the Supreme Court of the State of New York · 1901
- In re PeyserAppellate Division of the Supreme Court of the State of New York · 1898
3Cited by12 opinions
- In Re the Estate of HeinzeNew York Court of Appeals · 1918
- In Re the Estate of AkinNew York Court of Appeals · 1928
- In re NutrizioAppellate Division of the Supreme Court of the State of New York · 1924
- In re SilvermanNew York Surrogate's Court · 1914
- In re the Estate of McGeeNew York Surrogate's Court · 1909
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