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In re the Estate of Shinder

15 Misc. 2d 429, 182 N.Y.S.2d 384, 1958 N.Y. Misc. LEXIS 2200
CourtNew York Surrogate's Court
DecidedDecember 9, 1958
StatusPublished
Cited by2 cases

This text of 15 Misc. 2d 429 (In re the Estate of Shinder) 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 Shinder, 15 Misc. 2d 429, 182 N.Y.S.2d 384, 1958 N.Y. Misc. LEXIS 2200 (N.Y. Super. Ct. 1958).

Opinion

S. Samuel Di Falco, S.

Petitioner in this proceeding under section 231-a of the Surrogate’s Court Act to have his compensation for legal services fixed moves to strike out respondents’ demand for a jury trial. Respondents, who are the [430]*430executrix and sole legatees under the will, filed an answer in which, among other matters, a counterclaim requesting money damages based upon fraud and deceit was pleaded. They contend that they have a right to a jury trial on the basis of that counterclaim. Their contention is overruled.

There is no' constitutional right to a jury trial in a proceeding under section 231-a of the Surrogate’s Court Act which is a proceeding of an equitable nature. (Matter of Richards, 5 A D 2d 124, 125; Matter of Davis, 10 Misc. 2d 347.) A counterclaim in an equity isuit did not give rise to a right to a jury trial at common law. (Matter of Blair, 242 App. Div. 689.) The motion is accordingly granted.

Submit order on notice.

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Related

In re the Judicial Settlement of the Account of Beiter
37 Misc. 3d 424 (New York Surrogate's Court, 2012)
In re the Estate of Pepi
47 Misc. 2d 137 (New York Surrogate's Court, 1965)

Cite This Page — Counsel Stack

Bluebook (online)
15 Misc. 2d 429, 182 N.Y.S.2d 384, 1958 N.Y. Misc. LEXIS 2200, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-the-estate-of-shinder-nysurct-1958.