Legal Opinion

In re Merrill

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

Decided February 5, 1926PublishedCited by 34 opinions

1Opinion of the CourtMartin, J.

The petitioners appeal from a decree of the Surrogate’s Court dismissing their petition filed in October, 1923, in a discovery proceeding. "The personal representatives of Angie M. Booth seek to compel the respondent to deliver to them certain bonds and to set aside instruments under which respondent asserts that he is entitled to the same.

It is contended that the Surrogate’s Court is without jurisdiction to hear and determine this proceeding. In Matter of Mondshain (186 App. Div. 528) it was held that the Surrogate’s Court did not have such jurisdiction; that the surrogate did not have power…

2Cases cited17 opinions

  1. Cowee v. . CornellNew York Court of Appeals · 1878
  2. In Re the Accounting of Van AlstyneNew York Court of Appeals · 1913
  3. Doheny v. . LacyNew York Court of Appeals · 1901
  4. Nesbit v. . LockmanNew York Court of Appeals · 1866
  5. Hall v. . NaylorNew York Court of Appeals · 1859

12 more not listed; retrieve them via the Exa API.

3Cited by34 opinions

  1. Home Insurance v. AurigemmaNew York Supreme Court · 1965
  2. In re BucklerAppellate Division of the Supreme Court of the State of New York · 1929
  3. In re the Judicial Settlement of the Intermediate Account of Proceedings of BrownNew York Surrogate's Court · 1927
  4. In re the Estate of GentryNew York Surrogate's Court · 1931
  5. Jerry Vogel Music Co. v. Forster Music Publisher, Inc.Court of Appeals for the Second Circuit · 1945

29 more not listed; retrieve them via the Exa API.

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API