In re the Estate of Monahan

Appellate Division of the Supreme Court of New York

In re the Estate of Monahan

22 A.D.2d 900, 255 N.Y.S.2d 650, 1964 N.Y. App. Div. LEXIS 2574

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

DecidedDecember 14, 1964

StatusPublished

This text of 22 A.D.2d 900 (In re the Estate of Monahan) 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 Monahan, 22 A.D.2d 900, 255 N.Y.S.2d 650, 1964 N.Y. App. Div. LEXIS 2574 (N.Y. Ct. App. 1964).

Pincite

Opinion

In a proceeding by Peter W. Quinn, an attorney at law (as an alleged creditor of the intestate, Thomas F. Monahan, deceased), for his appointment as administrator de bonis non of the estate, in which the executors of the intestate’s deceased sole distributee, claiming a prior right to such appointment (Surrogate’s Ct. Act, § 118, subd. 6), filed a cross petition for such appointment, the said Peter W. Quinn appeals, as limited by his brief, from so much of a decree of the Surrogate’s Court, Westchester County, rendered June 21, 1963 after a nonjury trial upon the opinion-decision of the Surrogate, dismissing his petition and granting the executor’s cross petition, as denied his “ request,” made by him in a supplemental affidavit filed in the proceeding, that the Surrogate strike out certain “personal references and allegations” concerning the petitioner contained in an affidavit submitted in behalf of the executors in opposition to his petition. The petitioner contends that since, under the statute (Surrogate’s Ct. Act, § 118), appointment of the executors as administrators de bonis non was mandatory, such personal references and allegations are “ scandalous, unnecessary, irrelevant and impertinent” and should be expunged. Decree, insofar as appealed from, affirmed, with costs to the respondents (other than the Public Administrator of Westchester County) payable out of the estate. Beldock, P. J., Ughetta, Kleinfeld, Brennan and Hill, JJ., concur.

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In a proceeding by Peter W. Quinn, an attorney at law (as an alleged creditor of the intestate, Thomas F. Monahan, deceased), for his appointment as administrator de bonis non of the estate, in which the executors of the intestate’s deceased sole distributee, claiming a prior right to such appointment (Surrogate’s Ct. Act, § 118, subd. 6), filed a cross petition for such appointment, the said Peter W. Quinn appeals, as limited by his brief, from so much of a decree of the Surrogate’s Court, Westchester County, rendered June 21, 1963 after a nonjury trial upon the opinion-decision of the Surrogate, dismissing his petition and granting the executor’s cross petition, as denied his “ request,” made by him in a supplemental affidavit filed in the proceeding, that the Surrogate strike out certain “personal references and allegations” concerning the petitioner contained in an affidavit submitted in behalf of the executors in opposition to his petition. The petitioner contends that since, under the statute (Surrogate’s Ct. Act, § 118), appointment of the executors as administrators de bonis non was mandatory, such personal references and allegations are “ scandalous, unnecessary, irrelevant and impertinent” and should be expunged. Decree, insofar as appealed from, affirmed, with costs to the respondents (other than the Public Administrator of Westchester County) payable out of the estate. Beldock, P. J., Ughetta, Kleinfeld, Brennan and Hill, JJ., concur.

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Bluebook (online)

22 A.D.2d 900, 255 N.Y.S.2d 650, 1964 N.Y. App. Div. LEXIS 2574, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-the-estate-of-monahan-nyappdiv-1964.