Legal Opinion

In re the Estate of Barrett

New York Surrogate's Court

Decided June 24, 1938PublishedCited by 11 opinions

1Opinion of the Court

Delehanty, S.

An examination of the executor pursuant to section 263 of the Surrogate’s Court Act is sought by deceased’s widow. The executor concedes that the widow is entitled to an examination. Where he differs from her is in respect of the range of the examination which the court should order.

Deceased and the executor were brothers. While deceased lived the two brothers operated a steam tugboat business. Four boats were owned nine-sixteenths by the executor and seven-sixteenths by the deceased; a fifth boat was owned in equal shares. In a close corporation formed in the lifetime of…

2Cases cited2 opinions

  1. Claim of Raymond v. Estate of DavisNew York Court of Appeals · 1928
  2. In re the Estate of WitkindNew York Surrogate's Court · 1938

3Cited by11 opinions

  1. In re the Accounting of MootAppellate Division of the Supreme Court of the State of New York · 1955
  2. Miller v. MillerAppellate Division of the Supreme Court of the State of New York · 1939
  3. Rollins v. RollinsSupreme Court of Georgia · 2014
  4. In re the Estate of BeallNew York Surrogate's Court · 1945
  5. Rollins v. RollinsCourt of Appeals of Georgia · 2013

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