Legal Opinion

In re the Estate of Filipiak

New York Surrogate's Court

Decided June 8, 1971PublishedCited by 1 opinion

1Opinion of the Court

William J. Began, S.

In this contested accounting proceeding objectants contend ;they have a right to jury trial on their allegation that deceased during her lifetime merely ‘ ‘ loaned ’ ’ $15,000 to their brother, Aloysius Filipiak, he having been since appointed the executor, and that this money .should in fact be included as an estate asset. >

In the oral argument before the court counsel for objectants asserted that the relief sought is in the nature of an action for conversion which it is claimed is triable by jury as a matter of *743constitutional right. 1 ‘ Conversion is ‘ an unauthorized…

2Cases cited2 opinions

  1. Melnick v. KuklaAppellate Division of the Supreme Court of the State of New York · 1930
  2. In re the Estate of GrodskyNew York Surrogate's Court · 1966

3Cited by1 opinion

  1. Renzi v. AleszczykAppellate Division of the Supreme Court of the State of New York · 1974

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