Appellate Division of the Supreme Court of New York, 1934

In re the Probate of Heirship to Real Property within the State

In re the Probate of Heirship to Real Property within the State
Appellate Division of the Supreme Court of New York · Decided June 15, 1934
242 A.D. 675
In re the Probate of Heirship to Real Property within the State

Opinion of the Court

Decree modified by striking out certain portions thereof and as modified affirmed, without costs, upon the ground that under section 311 of the Surrogate’s Court Act the surrogate may determine heirship to property, but may not determine the title of the decedent. (Aubuchon v. N. Y., N. H. & H. R. R. Co., 137 App. Div. 834, 837.) All concur.

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