Legal Opinion

In re of the Estate of Southard

New York Surrogate's Court

Decided January 22, 1934PublishedCited by 5 opinions

1Opinion of the Court

Howell, S.

This is a discovery proceeding instituted by the administrator of the decedent, Albert Southard, against Sarah Van Ausdall, respondent. Its purpose is to require certain moneys, claimed to have been the decedent’s property at the time of his death and to be now in the respondent’s possession, to be restored *249to the estate. The answer of the respondent denied the allegations of the petition and asserted that the decedent had, in his lifetime, transferred those moneys to the respondent.

From the testimony adduced, it appears that the decedent died September 5, 1933, at the age of about…

2Cases cited4 opinions

  1. Moskowitz v. MarrowNew York Court of Appeals · 1929
  2. McKeon v. . Van SlyckNew York Court of Appeals · 1918
  3. Rosseau v. . RoussNew York Court of Appeals · 1904
  4. In re the Estate of CaneNew York Surrogate's Court · 1927

3Cited by5 opinions

  1. State Ex Rel. Thornbury v. GregoryWashington Supreme Court · 1937
  2. Davis v. QuerySupreme Court of South Carolina · 1946
  3. Fenson v. State Liquor AuthorityNew York Supreme Court · 1934
  4. Olshan v. East New York Sav. BankDistrict Court, E.D. New York · 1939
  5. In re the Accounting of SchoffNew York Surrogate's Court · 1960

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