In re the Estate of Hammond
Appellate Division of the Supreme Court of the State of New York
Appeal by the petitioner, John T. Norton, as executor, etc., of Johanna Hammond, deceased, from a decree of the Surrogate’s Court of the county of Erie, entered in the office of said surrogate on the 14th day of July, 1920, denying petitioner’s application for a discovery of certain personal property in the possession of the respondent.
1Opinion of the Court
Lambert, J.:
This proceeding is one for discovery and the facts are not in dispute. Johanna Hammond died November 29, 1915, leaving a last will and testament executed August 15, 1911. Her husband, Richard Hammond, and son-in-law, John T. Norton, were nominated as executors. On August 3, 1918, Richard Hammond made a petition and presented it to the Surrogate’s Court for admission of the will to probate. On the same day he qualified as an executor. Objections were filed to the probate of the will. Its probate was not contested.
These proceedings lay in abeyance until 1919, when John T. Norton…
2Cases cited3 opinions
- Blood v. . KaneNew York Court of Appeals · 1892
- In re of the Judicial Settlement of the Accounts of SmithAppellate Division of the Supreme Court of the State of New York · 1899
- In re the Estate of KinsellaNew York Surrogate's Court · 1906
3Cited by2 opinions
- In re the Estate of McCaffertyNew York Surrogate's Court · 1933
- In re the Estate of KennedyNew York Surrogate's Court · 1937