Legal Opinion

In re the Estate of Sheridan

New York Surrogate's Court

Decided May 31, 1963PublishedCited by 1 opinion

1Opinion of the Court

Maurice W. McCann, Acting Surrogate.

The executors of the estate of Emma E. Sheridan have filed their petition seeking by way of a discovery proceeding to compel the respondent to turn over the sum of $2,280 which they allege in their petition was leaned by the decedent to the respondent, John K. Hicks.

Sections 205 and 206 of the Surrogate’s Court Act provide for discovery proceedings such as this one. Such proceedings are now liberally construed. This proceeding cannot however be used to collect the debt alleged in this petition. The courts have held consistently that discovery proceedings…

2Cases cited3 opinions

  1. In re the Chemical Bank & Trust Co.Appellate Division of the Supreme Court of the State of New York · 1932
  2. In re the Estate of ThomsNew York Surrogate's Court · 1937
  3. In re McCormackNew York Surrogate's Court · 1929

3Cited by1 opinion

  1. In re the Estate of RungoNew York Surrogate's Court · 1973

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