Legal Opinion
In re the Estate of Davis
New York Surrogate's Court
Decided February 2, 1927PublishedCited by 13 opinions
1Opinion of the Court
McNaught, S.
Proceedings to discover property of a decedent in possession of another have long been permitted. Formerly the question of title, if raised by the answer, could not be tried by the surrogate. Under the present provisions, where the answer alleges title or right of possession to property involved in the inquiry the issue is to be heard and determined by the surrogate. (Surrogate’s Court Act, § 206. See Matter of Heinze, 224 N. Y. 1; Matter of Hyams, 237 id. 211, 217; Matter of Fonda, 201 App. Div. 780.)
A jury trial was not demanded (Surrogate’s Court Act, § 68) and the issues were…
2Cases cited25 opinions
- In Re the Accounting of Van AlstyneNew York Court of Appeals · 1913
- Hamlin v. . StevensNew York Court of Appeals · 1903
- Ward v. New York Life InsuranceNew York Court of Appeals · 1919
- People v. . BloomNew York Court of Appeals · 1908
- In Re the Estate of HousmanNew York Court of Appeals · 1918
20 more not listed; retrieve them via the Exa API.
3Cited by13 opinions
- In re GoodchildNew York Surrogate's Court · 1936
- In re the Estate of DonnellyNew York Surrogate's Court · 1935
- In re the Estate of PresenderAppellate Division of the Supreme Court of the State of New York · 1954
- In re the Accounting of RabinNew York Surrogate's Court · 1957
- In re the Estate of CalenNew York Surrogate's Court · 1932
8 more not listed; retrieve them via the Exa API.