Legal Opinion

In re the Estate of Gallagher

New York Surrogate's Court

Decided May 15, 1930PublishedCited by 1 opinion

1Opinion of the Court

Slater, S.

This is a discovery proceeding brought by the executors to secure certain personal property now in the possession of Barbara Albrecht. Mrs. Albrecht denies she ever had possession of the $100 and claims she has title to and right to possession of the $2,000 by virtue of a contract.

This court has the authority to make a decree directing payment to the executors of the estate, if the court finds that the property belonged to the estate. (Matter of Akin, 248 N. Y. 202; Matter of Wilson, 252 id. 155.)

The decedent was an old lady of about eighty years, a member of an old Mount Vernon…

2Cases cited11 opinions

  1. Cowee v. . CornellNew York Court of Appeals · 1878
  2. Sears v. . ShaferNew York Court of Appeals · 1852
  3. In Re the Estate of AkinNew York Court of Appeals · 1928
  4. In re MerrillAppellate Division of the Supreme Court of the State of New York · 1926
  5. Sears v. ShaferNew York Supreme Court · 1847

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3Cited by1 opinion

  1. In re the Estate of EyerNew York Surrogate's Court · 1943

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