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Matter of Mangene

Appellate Division of the Supreme Court of New York, Second Department
Nov 27, 1939
258 App. Div. 814 (N.Y. App. Div. 1939)

Opinion

November 27, 1939.

Appeal from Surrogate's Court of Westchester County.


Order affirmed, with ten dollars costs and disbursements. The nature and whereabouts of the property in question being known to the administratrix and an examination respecting it having been directed as to the several banks which were concerned with such items of property, it was proper to deny an examination of the respondents, since their answer affirmatively alleged title and right to possession of the items of property involved. Under such circumstances their examination in discovery proceedings was not authorized by section 206 of the Surrogate's Court Act. Lazansky, P.J., Carswell, Johnston, Adel and Close, JJ., concur.


Summaries of

Matter of Mangene

Appellate Division of the Supreme Court of New York, Second Department
Nov 27, 1939
258 App. Div. 814 (N.Y. App. Div. 1939)
Case details for

Matter of Mangene

Case Details

Full title:In the Matter of the Application of LORETTA MANGENE, as Administratrix…

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

Date published: Nov 27, 1939

Citations

258 App. Div. 814 (N.Y. App. Div. 1939)

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