Legal Opinion

In re the Estate of Schneier

Appellate Division of the Supreme Court of the State of New York

Decided April 8, 1980No. Appeal No. 1; Appeal No. 2PublishedCited by 11 opinions

1Opinion of the Court

OPINION OF THE COURT

WITMER, J.

The principal question presented in these appeals is whether petitioner, who instituted a proceeding in Surrogate’s Court in the nature of a replevin action to recover specific certificates of corporate stock and other assets, formerly possessed by the testator and now in the hands of respondent as executor, is entitled to a jury trial of the issues raised by respondent’s answer. The Surrogate granted respondent’s motion to vacate petitioner’s demand for jury trial; and we reverse.

Petitioner instituted this proceeding pursuant to SCPA 2105, subdivision 1 of which…

2Cases cited21 opinions

  1. Di Menna v. . Cooper Evans Co.New York Court of Appeals · 1917
  2. Matter of WilsonNew York Court of Appeals · 1929
  3. Bullis v. . MontgomeryNew York Court of Appeals · 1872
  4. Hudson v. . CarylNew York Court of Appeals · 1871
  5. Matter of BoyleNew York Court of Appeals · 1926

16 more not listed; retrieve them via the Exa API.

3Cited by11 opinions

  1. Hassett v. Bancohio National Bank (In Re CIS Corp.)District Court, S.D. New York · 1994
  2. Saldivar v. MomahCourt of Appeals of Washington · 2008
  3. Saldivar v. MomahCourt of Appeals of Washington · 2008
  4. PSINet, Inc. v. Cisco Systems Capital Corp. (In Re PSINet, Inc.)United States Bankruptcy Court, S.D. New York · 2001
  5. Robinson v. MecaAppellate Division of the Supreme Court of the State of New York · 1995

6 more not listed; retrieve them via the Exa API.

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API