Legal Opinion
In re the Estate of Davis
Appellate Division of the Supreme Court of the State of New York
Decided March 4, 1931PublishedCited by 4 opinions
1Per curiam
The decree appealed from is erroneous in requiring the appellant to deliver over the total amount of property of the Davis estate, which the surrogate found to have been once in *8the possession of Fannie Kelly, as executrix. The executrix of Fannie Kelly’s will can be required to pay over only money or property which is in her possession, or under her control. (Matter of Hayden, 204 N. Y. 330; Surr. Ct. Act, § 266, derived from Code Civ. Proc. § 2734, which was revised from Code Civ. Proc. §§ 2606 and 2605 by Laws of 1914, chap. 443.) No property of the Davis estate is shown to be in the…
2Cases cited5 opinions
- In Re the Judicial Settlement of the Accounts of MullonNew York Court of Appeals · 1895
- In Re the Accounting of HicksNew York Court of Appeals · 1902
- In Re the Accounting of HaydenNew York Court of Appeals · 1912
- In re FordAppellate Division of the Supreme Court of the State of New York · 1928
- In re the Judicial Settlement of the Compulsory Account of WaltonAppellate Division of the Supreme Court of the State of New York · 1906
3Cited by4 opinions
- In re the Estate of MorrellNew York Surrogate's Court · 1935
- Doty v. CarrollAppellate Division of the Supreme Court of the State of New York · 1933
- In re the Estate of RainbowNew York Surrogate's Court · 1936
- In re the Final Judicial Settlement of the Account of KneeskernAppellate Division of the Supreme Court of the State of New York · 1937