Legal Opinion

In re the Estate of Ryan

New York Surrogate's Court

Decided May 15, 1921PublishedCited by 4 opinions

Discovery proceeding.

1Opinion of the Court

Foley, S.

In this discovery proceeding, brought by the temporary administrator, respondent is directed

*473to deliver, in addition to the property already turned over, all papers relating to the financial affairs of the deceased, and all other documents, with the exception of letters written by the residuary legatee to the deceased. The former class of papers should properly be in the possession of the temporary administrator, rather than the person named as executor in the will. While the latter appears to have certain dominion and custody over the property of a decedent prior to the issuance of…

2Cases cited4 opinions

  1. Roberson v. . Rochester Folding Box Co.New York Court of Appeals · 1902
  2. Brandreth v. LanceNew York Court of Chancery · 1839
  3. In Re the Estate of HeinzeNew York Court of Appeals · 1918
  4. Eyre v. HigbeeNew York Supreme Court · 1861

3Cited by4 opinions

  1. Birnbaum v. United StatesDistrict Court, E.D. New York · 1977
  2. In re the Public AdministratorNew York Court of Appeals · 1955
  3. Hemingway v. Random House, Inc.New York Supreme Court · 1967
  4. In re the Estate of TheirichNew York Surrogate's Court · 1957

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