In re Peyser
Appellate Division of the Supreme Court of the State of New York
Appeal by Julius Helburn and Hannah Helburn from an order of the Surrogate’s Court of New York county, entered in said Surrogate’s Court on the 25th day of October, 1898, ordering the appellants to appear at the Chambers of the said Surrogate’s Court and he examined concerning the personal property of Theresa Peyser, deceased, alleged to be in their possession in pursuance of section 2707 of the Code of Civil Procedure.
1Opinion of the Court
Patterson, J.:
This is an appeal from an order of the surrogate of the county of New York denying a motion to dismiss an order for the examination of Hannah Helburn and Julius Helburn, and requiring those persons to appear for examination, at a time fixed in the order, concerning personal property of Theresa Peyser, deceased. On a petition of David M. Peyser, administrator of, etc., of Theresa Peyser, an order for the examination of the two persons named above was granted; whereupon they moved to dismiss the proceeding upon the ground that, under the averments of answers they had tiled to the…
2Cited by2 opinions
- In re GickNew York Surrogate's Court · 1905
- In re PeyserNew York Surrogate's Court · 1898