In re the Estate of Carraher

New York Surrogate's Court

In re the Estate of Carraher

142 Misc. 675, 255 N.Y.S. 434, 1931 N.Y. Misc. LEXIS 1782

CourtNew York Surrogate's Court

DecidedOctober 23, 1931

StatusPublished

Cited by1 cases

This text of 142 Misc. 675 (In re the Estate of Carraher) is published on Counsel Stack Legal Research, covering New York Surrogate's Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

In re the Estate of Carraher, 142 Misc. 675, 255 N.Y.S. 434, 1931 N.Y. Misc. LEXIS 1782 (N.Y. Super. Ct. 1931).

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Opinion

O’Brien, S.

This is a motion by a respondent in a discovery proceeding to compel the petitioner in such proceeding, the administrator of the estate, to serve a bill of particulars. The respondent in his answer in the discovery proceeding denies knowledge or possession of any property belonging to the decedent, except that he admits receipt of certain property which he claims to be a gift from [676]*676the decedent. The burden of proving such gift is upon the respondent. A bill of particulars will not be ordered where the affirmative is upon the person demanding the particulars. (Matter of Ross, 115 Misc. 41; affd., 197 App. Div. 933.) Nor will a bill of particulars be ordered as to the other property claimed by the administrator to belong to the decedent since the proceeding is merely inquisitorial in its nature. The motion is, therefore, denied.

Submit order accordingly.

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O’Brien, S.

This is a motion by a respondent in a discovery proceeding to compel the petitioner in such proceeding, the administrator of the estate, to serve a bill of particulars. The respondent in his answer in the discovery proceeding denies knowledge or possession of any property belonging to the decedent, except that he admits receipt of certain property which he claims to be a gift from [676]*676the decedent. The burden of proving such gift is upon the respondent. A bill of particulars will not be ordered where the affirmative is upon the person demanding the particulars. (Matter of Ross, 115 Misc. 41; affd., 197 App. Div. 933.) Nor will a bill of particulars be ordered as to the other property claimed by the administrator to belong to the decedent since the proceeding is merely inquisitorial in its nature. The motion is, therefore, denied.

Submit order accordingly.

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Bluebook (online)

142 Misc. 675, 255 N.Y.S. 434, 1931 N.Y. Misc. LEXIS 1782, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-the-estate-of-carraher-nysurct-1931.

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