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In re the Accounting of Feit

Appellate Division of the Supreme Court of New York, Second Department
Jun 4, 1951
278 App. Div. 944 (N.Y. App. Div. 1951)

Opinion

June 4, 1951.

Present — Nolan, P.J., Carswell, Adel, Sneed and MacCrate, JJ. [See post, p. 972.]


Order of the Surrogate's Court of Nassau County insofar as appealed from, disallowing the claim of Harry L. Jacobs to the extent of $1,000 against the estate of the decedent unanimously affirmed, without costs. In taking the proof in respect of these claims, resort was had to subdivision 9 of section 32 of the Surrogate's Court Act. The taking of such proof before a person designated as prescribed therein, in the exercise of discretion, should be confined to situations where there is no contested issue of fact or where section 347 of the Civil Practice Act is validly waived. It should not be used where there is a contested issue of fact, the resolving of which is dependent upon the credibility of witnesses or the admissibility or inadmissibility of testimony under section 347 of the Civil Practice Act.


Summaries of

In re the Accounting of Feit

Appellate Division of the Supreme Court of New York, Second Department
Jun 4, 1951
278 App. Div. 944 (N.Y. App. Div. 1951)
Case details for

In re the Accounting of Feit

Case Details

Full title:In the Matter of the Accounting of VIOLA J. FEIT et al., as Executrices of…

Court:Appellate Division of the Supreme Court of New York, Second Department

Date published: Jun 4, 1951

Citations

278 App. Div. 944 (N.Y. App. Div. 1951)