Legal Opinion
In re the Estate of Picozzi
New York Surrogate's Court
Decided March 31, 1958PublishedCited by 3 opinions
1Opinion of the Court
John D. Bennett, S.
The petition alleges that the estate of the decedent holds a forged and unpaid mortgage, unsatisfied of record on real property owned by the petitioner, who proposes to bring an action in the Supreme Court to remove such cloud on his title, and seeks the appointment of an administrator to appear in the proposed action on behalf of the estate.
Section 119 of the Surrogate’s Court Act provides: “A creditor or person * * * interested in an action brought or about to be brought in which the intestate, if living, would be a proper party * * * may present to the surrogate’s court…
2Cases cited5 opinions
- Belfanc v. BelfancAppellate Division of the Supreme Court of the State of New York · 1937
- Belfanc v. BelfancNew York Court of Appeals · 1938
- Flyer v. SullivanAppellate Division of the Supreme Court of the State of New York · 1954
- In re O'ConnellNew York Supreme Court · 1957
- In re the Estate of McCulloughNew York Surrogate's Court · 1939
3Cited by3 opinions
- Gaughan v. NickoloffNew York Supreme Court · 1961
- A. J. Armstrong Co. v. HufstedlerNew Mexico Supreme Court · 1965
- In re the Estate of DowdAppellate Division of the Supreme Court of the State of New York · 1962