In re the Estate of Heim

Appellate Division of the Supreme Court of New York

In re the Estate of Heim

255 A.D. 1007, 8 N.Y.S.2d 574, 1938 N.Y. App. Div. LEXIS 6245

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

DecidedDecember 23, 1938

StatusPublished

Cited by3 cases

This text of 255 A.D. 1007 (In re the Estate of Heim) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York 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 Heim, 255 A.D. 1007, 8 N.Y.S.2d 574, 1938 N.Y. App. Div. LEXIS 6245 (N.Y. Ct. App. 1938).

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Opinion

In a discovery proceeding in the Surrogate’s Court, Kings county, the decree dismisses the petition and holds that the respondent institution is entitled to the properly in suit. Decree unanimously affirmed, with costs against the appellant as administratrix. The proof shows that the respondent has title to the property sought to be recovered by the administratrix, the title existing by reason of an equitable assignment executed by the decedent in her lifetime. In a discovery proceeding it is proper to determine the question of title and make a decree accordingly. (Surr. Ct. Act, §§ 206, 206-a.) Present — Lazansky, P. J., Davis, Adel, Taylor and Close, JJ. [166 Mise. 931.]

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In a discovery proceeding in the Surrogate’s Court, Kings county, the decree dismisses the petition and holds that the respondent institution is entitled to the properly in suit. Decree unanimously affirmed, with costs against the appellant as administratrix. The proof shows that the respondent has title to the property sought to be recovered by the administratrix, the title existing by reason of an equitable assignment executed by the decedent in her lifetime. In a discovery proceeding it is proper to determine the question of title and make a decree accordingly. (Surr. Ct. Act, §§ 206, 206-a.) Present — Lazansky, P. J., Davis, Adel, Taylor and Close, JJ. [166 Mise. 931.]

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Bluebook (online)

255 A.D. 1007, 8 N.Y.S.2d 574, 1938 N.Y. App. Div. LEXIS 6245, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-the-estate-of-heim-nyappdiv-1938.

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