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Appellate Division of the Supreme Court of New York, 1952

In re the Estate of Small

In re the Estate of Small
Appellate Division of the Supreme Court of New York · Decided February 25, 1952
279 A.D. 876; 110 N.Y.S.2d 298; 1952 N.Y. App. Div. LEXIS 5174
In re the Estate of Small

Opinion of the Court

The charges presented, to which no answer has *877been made, are of such a serious nature as to warrant the Surrogate in making inquiry and determination of his own volition. The domiciliary executor may participate in such proceeding as a matter of comity. (Kirkbride v. Van Note, 275 N. Y. 244, 250.) Nolan, P. J., Carswell, Adel, Wenzel and Schmidt, JJ., concur.

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