New York § 2105 Proceeding to compel delivery of property by a fiduciary which is claimed by another or others 1

New York Statutes

§ 2105 — Proceeding to compel delivery of property by a fiduciary which is claimed by another or others 1

New York § 2105

Law SCPSurrogate's Court Procedure

Art. 21Miscellaneous Proceedings

This text of New York § 2105 (Proceeding to compel delivery of property by a fiduciary which is claimed by another or others 1) is published on Counsel Stack Legal Research, covering New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

N.Y. Surrogate's Court Procedure § 2105 (2026).

Text

§ 2105. Proceeding to compel delivery of property by a fiduciary which\n          is claimed by another or others\n  1. A person having a claim to property as defined in 103 or the\nproceeds thereof alleged to be in the possession of or under the control\nof a fiduciary may present to the court which has jurisdiction over the\nestate a petition showing the facts and praying that the fiduciary be\nrequired to show cause why he should not be required to deliver the\nproperty or the proceeds thereof.\n  2. Process shall issue accordingly to the fiduciary.\n  3. Upon return of process the court must hear the proofs of the\nparties, determine the issues, and if claim shall have been made to the\nproperty or the proceeds thereof by a person or persons other than the\nfiduciary, the court shall d

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§ 2105. Proceeding to compel delivery of property by a fiduciary which\n is claimed by another or others\n 1. A person having a claim to property as defined in 103 or the\nproceeds thereof alleged to be in the possession of or under the control\nof a fiduciary may present to the court which has jurisdiction over the\nestate a petition showing the facts and praying that the fiduciary be\nrequired to show cause why he should not be required to deliver the\nproperty or the proceeds thereof.\n 2. Process shall issue accordingly to the fiduciary.\n 3. Upon return of process the court must hear the proofs of the\nparties, determine the issues, and if claim shall have been made to the\nproperty or the proceeds thereof by a person or persons other than the\nfiduciary, the court shall determine the respective interests of the\nparties in the property or the proceeds or value thereof and make a\ndecree accordingly.\n