In re the Estate of Mondshain
Appellate Division of the Supreme Court of the State of New York
Appeal by Max Sheinbaum from an order and decree of the Surrogate’s Court of the county of New York, entered in the office of said Surrogate’s Court on the 20th day of November, 1918, vacating and setting aside a general release given by the administratrix to appellant.
1Opinion of the Court
Shearn, J.:
The proceeding in the court below was one for discovery and alleged the transfer of moneys by the decedent to the respondent in the court below and his refusal to disclose the same, the execution and delivery by the petitioner to said respondent of a general release under seal, and that such release was induced by fraud. The respondent below denied the allegations of fraud and demanded a jury trial of the issues. The surrogate in a memorandum decided that “ * * * the answer alleges title in the respondent. Before this issue can be disposed of on a trial, as provided in section…
2Cases cited2 opinions
- In re the Final Judicial Settlement of the Account of HolzworthAppellate Division of the Supreme Court of the State of New York · 1915
- In Re the Accounting of HolzworthNew York Court of Appeals · 1915
3Cited by24 opinions
- Claim of Raymond v. Estate of DavisNew York Court of Appeals · 1928
- In re MerrillAppellate Division of the Supreme Court of the State of New York · 1926
- In re the Estate of HaighNew York Surrogate's Court · 1925
- In re the Judicial Settlement of the Account of Proceedings of MalcomsonAppellate Division of the Supreme Court of the State of New York · 1919
- Claim of Van Buren v. Estate of DeckerAppellate Division of the Supreme Court of the State of New York · 1923
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