In re the Administration of the Estate of Kohler

Appellate Division of the Supreme Court of New York

In re the Administration of the Estate of Kohler

242 A.D. 772

Appellate Division of the Supreme Court of the State of New York·Decided October 15, 1934·Published

Opinion

Order of the Surrogate’s Court of Nassau county modified so as to permit petitioners to present proof as to the delivery of the mortgage in question, and, as so modified, affirmed, without costs. In our opinion, the petitioners should be allowed to make proof as to the delivery of this mortgage, since such mortgage, as well as the pass book, was in their possession at the time of the decedent’s death. Lazansky, P. J., Young, Carswell, Seudder and Tompkins, JJ., concur.

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Order of the Surrogate’s Court of Nassau county modified so as to permit petitioners to present proof as to the delivery of the mortgage in question, and, as so modified, affirmed, without costs. In our opinion, the petitioners should be allowed to make proof as to the delivery of this mortgage, since such mortgage, as well as the pass book, was in their possession at the time of the decedent’s death. Lazansky, P. J., Young, Carswell, Seudder and Tompkins, JJ., concur.

In re the Administration of the Estate of Kohler, 242 A.D. 772 (N.Y. Ct. App. 1934).

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