In re Cunard's Estate
New York Supreme Court
AppeaLfrom surrogate’s court, New York county. Application of Bache Cunard, ancillary administrator of Edward Cunard, for the examination of Charles G. Francklyn, as to personal property consisting of cash and securities, belonging to the estate of Edward Cunard, in his possession.
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AppeaLfrom surrogate’s court, New York county. Application of Bache Cunard, ancillary administrator of Edward Cunard, for the examination of Charles G. Francklyn, as to personal property consisting of cash and securities, belonging to the estate of Edward Cunard, in his possession. Francklyn appeared and tiled an answer to the petition, by which he admitted that at the time of Edward Cunard’s death there was personal property of his in the possession and under the control of respondent, but denied that he was the agent of deceased, as alleged in the petition, and alleged that said Cunard left…
1Opinion of the CourtBarrett, J.
The petitioner entirely misconceives the purpose and scope-of sections 2706-2714, Code Civil Proc. These sections were not intended as a substitute for ordinary civil remedies, in cases where the latter are alone appropriate. The object was to provide a summary means of discovery, and, in case of a mere naked possession of the decedent’s “money or other personal property,” to compel delivery to the legal representative. In the case of money, it must be a specific sum, tortiously withheld,—not merely money due- or belonging to the deceased in the sense of an indebtedness. In re Nay, 6 Dem.…
2Cases cited2 opinions
- In re KnittelNew York Surrogate's Court · 1887
- In re NayNew York Surrogate's Court · 1887
3Cited by5 opinions
- In re Stewart's EstateNew York Supreme Court · 1894
- In re Carey's EstateAppellate Division of the Supreme Court of the State of New York · 1896
- In re Lynch's EstateNew York Supreme Court · 1894
- In re the Estate of MillerNew York Surrogate's Court · 1920
- In re McCarthy's EstateNew York Surrogate's Court · 1897