Legal Opinion

In re the Estate of White

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

Decided April 19, 1907PublishedCited by 11 opinions

Appeal by the Emigrant Industrial Savings Bank from a decree of the Surrogate’s Court of the county, of Kings, entered in. said Surrogate’s Court on the 29th day of June, 1906," directing , the appellant forthwith to pay to Mary Wliite, as administratrix of James White, deceased, thestim of $910.66.

1Opinion of the Court

Hirschberg, P. J.:

These proceedings have been instituted pursuant to section 2707 of the Code of Civil Procedure -and .the sections following, which provide for the discovery and delivery of property belonging to the estate of a deceased person but withheld by another. The process is summary. On presentation to the surrogate of a petition made by an executor or administrator, setting forth facts tending to' show ' that money or other persohal property which should be delivered to such executor or administrator, of which should be included in • an inventory or appraisal, is in the possession…

2Cases cited5 opinions

  1. Fowler v. . Bowery Savings BankNew York Court of Appeals · 1889
  2. People v. Mechanics & Traders' Savings InstitutionNew York Court of Appeals · 1883
  3. In re Stewart's EstateNew York Supreme Court · 1894
  4. In re Estate of CareyAppellate Division of the Supreme Court of the State of New York · 1896
  5. People Ex Rel. Bridgeport Savings Bank v. BarkerNew York Court of Appeals · 1897

3Cited by11 opinions

  1. In re the Public AdministratorNew York Court of Appeals · 1955
  2. In re the Judicial Settlement of the Accounts of EhlertAppellate Division of the Supreme Court of the State of New York · 1933
  3. In re the Estate of JacobsenNew York Surrogate's Court · 1942
  4. In re the Estate of PenoNew York Surrogate's Court · 1927
  5. In re the Estate of AppelNew York Surrogate's Court · 1921

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