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In re the Estate of Mosessohn

145 Misc. 378, 259 N.Y.S. 448, 1932 N.Y. Misc. LEXIS 1257
CourtNew York Surrogate's Court
DecidedMay 25, 1932
StatusPublished
Cited by2 cases

This text of 145 Misc. 378 (In re the Estate of Mosessohn) 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 Mosessohn, 145 Misc. 378, 259 N.Y.S. 448, 1932 N.Y. Misc. LEXIS 1257 (N.Y. Super. Ct. 1932).

Opinion

Foley, S.

This is an application by notice of motion to permit the executor to pay over a special account in the name of the decedent to certain judgment creditors. The papers do not disclose in what capacity this fund is being held by the executor, nor the necessity for an application of this character. A proceeding can no more be begun by notice of motion in this court than can an action be begun in some other forum by notice of motion without the service of a summons. There is no pending proceeding in this court in which relief such as that sought here could be granted on motion.

The motion is denied, without prejudice to the institution of an appropriate proceeding under the Surrogate’s Court Act. Submit order on notice accordingly.

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Related

In re the Accounting of Public Administrator of King County
2 Misc. 2d 65 (New York Surrogate's Court, 1956)
In re the Estate of Dix
144 Misc. 494 (New York Surrogate's Court, 1932)

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Bluebook (online)
145 Misc. 378, 259 N.Y.S. 448, 1932 N.Y. Misc. LEXIS 1257, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-the-estate-of-mosessohn-nysurct-1932.