In re McCarthy's Estate
New York Surrogate's Court
Proceeding by John McCarthy, executor of the estate of Thomas McCarthy, Sr., deceased, to compel discovery of assets of said estate. Dismissed.
1Opinion of the Court
ARNOLD, S.
This is a proceeding taken by one of the executors of decedent’s will against the respondent, under section 2709 of the Code of Civil Procedure. The discovery sought is in respect to certain horses, trucks, wagons, book accounts, and other property used in his business as a truckman by the testator at the time of his decease, which are alleged to be in the possession of the respondent. The latter and the petitioner are brothers, and by the will this particular property is specifically bequeathed to the two. The respondent filed an answer, in which he sets up the bequest of same to…
2Cases cited11 opinions
- Blood v. . KaneNew York Court of Appeals · 1892
- Taylor v. . DoddNew York Court of Appeals · 1874
- Schenck v. . DartNew York Court of Appeals · 1860
- In Re the Judicial Settlement of the Accounts of MullonNew York Court of Appeals · 1895
- Onondaga Trust Deposit Co. v. . PriceNew York Court of Appeals · 1882
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