In re the Estate of Leary
New York Surrogate's Court
1Opinion of the Court
Delehanty, S.
The sole question presented by this motion is one of law. Petitioner demands a jury trial as matter of constitutional right. Respondent-executors deny that such right exists. No question of discretion is involved. Unless a constitutional right of jury trial here exists the motion to vacate the demand for a jury must be granted.
*255The proceeding is entitled by petitioner as a proceeding “ In the matter of discovery proceedings under section 206-a of the Surrogate’s Court Act.” That is not its true characterization. Discovery proceedings are provided for in sections 205 and 206 of the…
2Cases cited14 opinions
- Di Menna v. . Cooper Evans Co.New York Court of Appeals · 1917
- In Re the Estate of HeinzeNew York Court of Appeals · 1918
- Bradley v. RoeNew York Court of Appeals · 1940
- Fosdick v. Investors Syndicate, Inc.New York Court of Appeals · 1934
- In Re the Accounting of NicholsNew York Court of Appeals · 1940
9 more not listed; retrieve them via the Exa API.
3Cited by19 opinions
- In re the Estate of LuriaNew York Surrogate's Court · 1970
- In re the Estate of SchneierAppellate Division of the Supreme Court of the State of New York · 1980
- In re the Accounting of MillerNew York Surrogate's Court · 1946
- In re the Estate of FayNew York Surrogate's Court · 1972
- In re the Estate of MittlemanNew York Surrogate's Court · 1962
14 more not listed; retrieve them via the Exa API.