In re the Estate of Diamond

Appellate Division of the Supreme Court of New York

In re the Estate of Diamond

253 A.D. 858, 2 N.Y.S.2d 622, 1938 N.Y. App. Div. LEXIS 8928

Appellate Division of the Supreme Court of the State of New York·Decided January 19, 1938·Published

Opinion

Appellant’s motion to restrain the respondent from acting under the letters testamentary and from prosecuting the discovery proceeding against appellant is denied without costs and without prejudice to a renewal thereof, if necessary to prevent any of the property now in appellant’s possession and claimed by respondent from coming into the hands of the exeeutrixi before the determination of the pending appeal from the decree of probate. Present — Hill, P. J., Rhodes, McNamee, Bliss and Heffernan, JJ.

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Appellant’s motion to restrain the respondent from acting under the letters testamentary and from prosecuting the discovery proceeding against appellant is denied without costs and without prejudice to a renewal thereof, if necessary to prevent any of the property now in appellant’s possession and claimed by respondent from coming into the hands of the exeeutrixi before the determination of the pending appeal from the decree of probate. Present — Hill, P. J., Rhodes, McNamee, Bliss and Heffernan, JJ.

In re the Estate of Diamond, 253 A.D. 858, 2 N.Y.S.2d 622, 1938 N.Y. App. Div. LEXIS 8928 (N.Y. Ct. App. 1938).

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