It is our opinion that proponent, if he desires to deny that such duplicate was in his possession after the death of deceased, should be required to do so by a verified reply and that a preliminary proceeding before the Surrogate to determine the rights of contestants under section 147 of the Surrogate's Court Act, should thereafter be had upon the issues so raised. (Matter of Cook, 244 N.Y. 63, 72; Matter of Aspenleiter, 187 Misc. 167; 2 Butler on New York...
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