Legal Opinion
In re the Estate of Leary
New York Surrogate's Court
Decided September 20, 1940PublishedCited by 19 opinions
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.