Legal Opinion

In re the Estate of Andrews

New York Surrogate's Court

Decided October 19, 1939PublishedCited by 7 opinions

1Opinion of the Court

Foley, S.

This is a discovery proceeding by the limited ancillary executrix pursuant to section 205 of the Surrogate’s Court Act. The respondents, by answer, have interposed a special defense, that there is another proceeding pending in the Supreme Court, New York county, between the same parties and in which the same relief is sought. This preliminary question must first be disposed of by the court.

Prior to the institution of this proceeding, the petitioner obtained an order to show cause, dated March 2,1939, in the Supreme Court, New York county, directing the respondents here, as…

2Cases cited9 opinions

  1. The Erie Railway Company v. . RamseyNew York Court of Appeals · 1871
  2. Colson v. PelgramNew York Court of Appeals · 1932
  3. Schuehle v. . ReimanNew York Court of Appeals · 1881
  4. Savage v. . AllenNew York Court of Appeals · 1873
  5. Garlock v. . VandevortNew York Court of Appeals · 1891

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3Cited by7 opinions

  1. Millard v. McFaddenNew York Supreme Court · 1945
  2. In re the Estate of TuittNew York Surrogate's Court · 1959
  3. Galewitz v. Walter Peek Paper Corp.New York Supreme Court · 1958
  4. In re the Estate of JacobyNew York Surrogate's Court · 1946
  5. Ayers v. GuessSupreme Court of South Carolina · 1950

2 more not listed; retrieve them via the Exa API.

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