In re Carey's Estate
Appellate Division of the Supreme Court of the State of New York
Appeal from surrogate’s court, Montgomery county. Summary proceedings by John J. Hand, executor of the will of Mary Carey, deceased, to reach property alleged to belong to the estate, in the hands of James Dillon. From a decree against him, the defendant appeals.
1Opinion of the CourtHerrick, J.
The proceedings under sections 2707-2709 of the Code of Civil Procedure were intended to be a summary mode of discovering and reaching the property of the decedent in the hands of a third person. They were not intended to authorize proceedings to collect a debt. In re Stewart, 77 Hun, 564, 28 N. Y. Supp. 1048. It has been held that an executor has no right to examine a debtor of the deceased merely to ascertain the amount of such debtor’s liabilities to the estate. In re Knittel’s Estate, 12 Civ. Proc. R. 1. It seems also that it contemplated a proceeding only where the character of such…
2Cases cited2 opinions
- In re Stewart's EstateNew York Supreme Court · 1894
- In re Cunard's EstateNew York Supreme Court · 1889
3Cited by1 opinion
- In Re Estate of BlackOhio Supreme Court · 1945