Legal Opinion
In re the Estate of Present
New York Surrogate's Court
Decided January 10, 1956PublishedCited by 2 opinions
1Opinion of the Court
Maximilian Moss, S.
In a discovery proceeding to ascertain estate assets instituted against one who acted as the attorney for the decedent during his lifetime, the attorney admitted that he held assets of this decedent consisting of records of various corporations, numerous chattel mortgages, a mortgage on real property and several other papers, which he claims a right to withhold for charges due him for his professional employment of an extended period.
While an attorney has a general possessory lien in such circumstances (Matter of Heinsheimer, 214 N. Y. 361), nevertheless the failure to…
2Cases cited3 opinions
- Matter of HeinsheimerNew York Court of Appeals · 1915
- Robinson v. . RogersNew York Court of Appeals · 1924
- Leviten v. SandbankNew York Court of Appeals · 1943
3Cited by2 opinions
- Upgrade Corp. v. Michigan Carton Co.Appellate Court of Illinois · 1980
- In re the Estate of MendelsonNew York Surrogate's Court · 1959