Legal Opinion

In re Silverman

New York Surrogate's Court

Decided November 15, 1914PublishedCited by 11 opinions

Application for an order for a trial by jury in a proceeding to discover property alleged to be withheld from an executor.

1Opinion of the Court

Fowler, S.

This is an application for an order for a trial by jury in a proceeding to discover property alleged to be withheld from an executor. A proceeding to discover property alleged to be withheld from personal representatives is in this court a wholly statutory proceeding. It was primarily a proceeding in aid of a more correct and efficient administration of estates in this court. The history of the legislation affecting this proceeding up until the year 1905 is well, although by no means exhaustively, presented in the judgment in Matter of Gick, 49 Misc. Rep. 32; affd. 113 App. Div. 16.…

2Cases cited4 opinions

  1. In Re the Probate of the Will of WalkerNew York Court of Appeals · 1892
  2. In re GickAppellate Division of the Supreme Court of the State of New York · 1906
  3. In re GickNew York Surrogate's Court · 1905
  4. In re the Estate of McGeeNew York Surrogate's Court · 1909

3Cited by11 opinions

  1. In Re the Estate of HeinzeNew York Court of Appeals · 1918
  2. In re Van BurenAppellate Division of the Supreme Court of the State of New York · 1931
  3. In re NutrizioAppellate Division of the Supreme Court of the State of New York · 1924
  4. In re the Estate of KevillNew York Surrogate's Court · 1938
  5. In re the Estate of CallahanNew York Surrogate's Court · 1916

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