Legal Opinion
In re the Estate of Ehlers
New York Surrogate's Court
Decided September 27, 1928PublishedCited by 4 opinions
1Opinion of the Court
Schulz, S.
The proceeding was for discovery. An answer was interposed which set up title to some of the property, and under the pleadings the Surrogate’s Court had jurisdiction to determine this issue. (Surrogate’s Court Act, § 206; Matter of Jacobi, N. Y. L. J. Aug. 10, 1917; note to sec. 2676 Code Civ. Proc. in report of Revision Commission to Legislature dated Feb. 1, 1914, p. 203.) As to the remainder, special circumstances were alleged which it was claimed entitled the respondent to the possession thereof, and these questions also the court could determine. (Matter of Akin, 248 N. Y. 202.)
2Cases cited19 opinions
- In Re the Accounting of Van AlstyneNew York Court of Appeals · 1913
- Tifft v. . PorterNew York Court of Appeals · 1853
- Vincent v. RixNew York Court of Appeals · 1928
- Gannon v. . McGuireNew York Court of Appeals · 1899
- Carnwright v. . GrayNew York Court of Appeals · 1891
14 more not listed; retrieve them via the Exa API.
3Cited by4 opinions
- In re the Accounting of MulliganNew York Surrogate's Court · 1953
- In re the Estate of LudlamNew York Surrogate's Court · 1936
- In re the Estate of WhiteNew York Surrogate's Court · 1933
- In re the Accounting of MulliganNew York Surrogate's Court · 1948