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2 Dem. Sur. 296

Mead v. Sommers

New York Surrogate's Court

Decided December 15, 1883

New York Surrogate's Court · decided 1883-12-15

Application by Lawrence Mead and Patrick Brady, executors of decedent’s will, for an order to examine Caroline Sommers, under Code Civ. Pro., § 2706, relating to property of a decedent’s estate-alleged to be concealed or withheld.

Decided 1883-12-15

The Surrogate

¶1This is a jiroceeding under § 2706 of the Code of Civil Procedure, whereby decedent’s executors seek to discover property belonging, as they claim, to her estate.

¶2The respondent has appeared, in obedience to the Surrogate’s citation, and now insists by her counsel that the allegations of the petition do not afford sufficient ground for directing the examination of the respondent.

¶3. The statute does not, as respondent’s counsel argues, limit the Surrogate’s authority, under § 2706, to cases in which the petitioning executor or administrator distinctly swears that property belonging to his decedent’s estate is in the possession or under the control of the party sought tobe cited.

¶4The citation must be issued if the Surrogate is satisfied that there are reasonable grounds for the inquiry; and, to establish the- existence of such reasonable grounds, the petition need only set forth, upon knowledge or information and belief, any facts tending to show that money or other personal property which ought to be delivered, etc., is in the possession or under the control of the respondent.

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