Legal Opinion
In re the Estate of Howley
New York Surrogate's Court
Decided October 18, 1928PublishedCited by 8 opinions
1Opinion of the Court
Slater, S.
This is a discovery proceeding with regard to an industrial insurance policy in the John Hancock Mutual Life Insurance Company upon the life of the decedent.
The cases submitted holding that a discovery proceeding cannot be used as a collection agency, are not in point. A debtor and creditor relationship does not exist. The court has jurisdiction over the subject-matter, and the right to discover whether the insurance company has funds belonging to the estate, and to compel payment to the representative of the estate. (Matter of Peno, 128 Mise. 718; Matter of Akin, 129 id. 840;…
2Cases cited5 opinions
- In re MerrillAppellate Division of the Supreme Court of the State of New York · 1926
- Wokal v. BelskyAppellate Division of the Supreme Court of the State of New York · 1900
- Nolan v. Prudential InsuranceAppellate Division of the Supreme Court of the State of New York · 1910
- Tarasowski v. Prudential InsuranceNew York Supreme Court · 1920
- In re HillsNew York Surrogate's Court · 1924
3Cited by8 opinions
- In re the Public AdministratorNew York Court of Appeals · 1955
- Howell v. John Hancock Mutual Life Insurance Co. of BostonNew York Court of Appeals · 1941
- In re the Estate of O'NeillNew York Surrogate's Court · 1932
- Nixon v. Life Insurance Company of VirginiaDistrict of Columbia Court of Appeals · 1956
- In re the Estate of PatenotreNew York Surrogate's Court · 1956
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