In re the Estate of Ross
New York Surrogate's Court
Application in a probate proceeding requiring contestants to deliver a bill of particulars.
1Opinion of the Court
Cohalan, S.
This is an application to require the contestants in a probate proceeding to deliver a bill of particulars. The Code (§ 531) provides that the court may direct the delivery of a bill of particulars of the “ claim ” of either party. The word “ claim ” as itsed in this section has been defined in the case of a defendant to be “ whatever is set up by him as a reason why the action may not be maintained against him. The claim of the defendant is that ground of fact which he alleges in his answer as the reason why judgment should not go against him. His claim, in the case, is the…
2Cases cited2 opinions
- Dwight v. . Germania Life Insurance Co.New York Court of Appeals · 1881
- Laird v. CartonAppellate Division of the Supreme Court of the State of New York · 1909
3Cited by12 opinions
- In re the Estate of MullinNew York Surrogate's Court · 1932
- In re the Estate of BrittonNew York Surrogate's Court · 1938
- In re the Estate of MeyersNew York Surrogate's Court · 1936
- In re the Estate of Van RiperNew York Surrogate's Court · 1939
- In re the Estate of CarhartNew York Surrogate's Court · 1938
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