In re Estate of Carey
Appellate Division of the Supreme Court of the State of New York
Appeal by James Dillon from a decree of the Surrogate’s Court of the county of Montgomery, entered in said Surrogate’s Court on the 12tli day of September, 1896, directing him to pay to John J. Hand, the executor of the last will and testament of Mary Carey, deceased, the sum of $900 with the costs and expenses of the proceeding. The proceeding in which the order appealed from was made was one taken under sections 2707, 2708 and 2709 of the Code of Civil Procedure.
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Appeal by James Dillon from a decree of the Surrogate’s Court of the county of Montgomery, entered in said Surrogate’s Court on the 12tli day of September, 1896, directing him to pay to John J. Hand, the executor of the last will and testament of Mary Carey, deceased, the sum of $900 with the costs and expenses of the proceeding. The proceeding in which the order appealed from was made was one taken under sections 2707, 2708 and 2709 of the Code of Civil Procedure. Upon the petition of the executor, the surrogate, on the 17th of July, 1896, issued a citation directed to James Dillon,…
1Opinion of the Court
Herrick, 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. (Matter of Stewart, 77 Hun, 564.)
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. (Estate of Knittel, 12 Civ. Proc. Rep. 1.)
It seems, also, that the maintenance of such proceedings was contemplated only where the…
2Cases cited1 opinion
- In re Stewart's EstateNew York Supreme Court · 1894
3Cited by7 opinions
- In re the Public AdministratorNew York Court of Appeals · 1955
- In Re Estate of BlackOhio Supreme Court · 1945
- In re the Estate of WhiteAppellate Division of the Supreme Court of the State of New York · 1907
- In re the Estate of LowenNew York Surrogate's Court · 1916
- In re the Estate of WilsonAppellate Division of the Supreme Court of the State of New York · 1954
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