Appellate Division of the Supreme Court of New York, 1932

Chafer v. Chafer

Chafer v. Chafer
Appellate Division of the Supreme Court of New York · Decided January 15, 1932
235 A.D. 659
Chafer v. Chafer

Opinion of the Court

Decree so far as appealed from reversed on the law, with costs to the appeEant, payable out of the estate and matter remitted to the Surrogate’s Court for further proceedings on the ground that the law does not authorize a guardian to institute a discovery proceeding under the circumstances shown in this record (Surr. Ct. Act, § 205)* and that the record discloses nothing which authorized the surrogate to require the executor to give a bond. (Surr. Ct. Act, §§ 94-97.) AE concur. Present — Sears, P. J., Crouch, Taylor, Edgcomb and Crosby, JJ.

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