Legal Opinion
In re the Estate of Pepi
New York Surrogate's Court
Decided July 28, 1965PublishedCited by 1 opinion
1Opinion of the Court
John D. Bennett, S.
A discharged attorney for the executrix has submitted a petition to fix his fees under section 231-a of the Surrogate’s Court Act.
The executrix has demanded a jury trial as a matter of right and the petitioner has objected to same.
A proceeding under section 231-a is in equity and there is no constitutional right to a trial by jury (Matter of Pardee, 239 App. Div. 876; Matter of Shinder, 15 Misc 2d 429; Matter of Richards, 5 A D 2d 124; Matter of Davis, 10 Misc 2d 347).
The executrix relies on the holding in Matter of Garfield (14 N Y 2d 251). However that case dealt not with…
2Cases cited6 opinions
- In Re Estate of MathesonNew York Court of Appeals · 1934
- In re the Accounting of MillerNew York Surrogate's Court · 1946
- In re the Estate of DavisNew York Surrogate's Court · 1957
- In re the Estate of PardeeAppellate Division of the Supreme Court of the State of New York · 1933
- In re the Accounting of HallNew York Surrogate's Court · 1944
1 more not listed; retrieve them via the Exa API.
3Cited by1 opinion
- In re the Estate of SacklerAppellate Division of the Supreme Court of the State of New York · 1996