Legal Opinion

In re the Proceeding by Tripp

Appellate Division of the Supreme Court of the State of New York

Decided July 6, 1922PublishedCited by 4 opinions

Appeal by Milton P. Miller from a decree of the Surrogate’s Court of the county of Albany, entered in the office of said surrogate on the 30th day of December, 1921.

1Opinion of the Court

H. T. Kellogg, J.:

The administrator of the estate of Elizabeth, Tripp Fonda filed a petition in Surrogate’s Court in which he set forth that one Milton P. Miller, the appellant herein, was in possession of certain household furniture and certain moneys deposited in the Cohoes Savings Institution, which, at the time of her death, belonged to Elizabeth Tripp Fonda, and that Milton P. Miller had refused to deliver up the same. An order was thereupon made by the surrogate directing that an inquiry be held, under section 2675 of the Code of Civil Procedure,* and that Milton P. Miller attend before…

2Cases cited2 opinions

  1. In Re the Estate of HeinzeNew York Court of Appeals · 1918
  2. In re Estate of SchwartzNew York Surrogate's Court · 1914

3Cited by4 opinions

  1. In re Van BurenAppellate Division of the Supreme Court of the State of New York · 1931
  2. In re for Letters of Administration on the Goods, Chattels & Credits of HamiltonAppellate Division of the Supreme Court of the State of New York · 1927
  3. In re the Estate of DavisNew York Surrogate's Court · 1927
  4. In re PritchardAppellate Division of the Supreme Court of the State of New York · 1929

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