MATTER OF GIVIS


200 Misc. 1114 (1951)

In the Matter of The Estate of William Givis, Deceased.

Surrogate's Court, New York County.

December 28, 1951.


Attorney(s) appearing for the Case

Robert R. Rosan for Timothy F. O'Connell, as ancillary executor of William Givis, deceased, petitioner.

Edward S. Lentol for Frank Givis and another, respondents.

Thomas A. Shaw for Bowery Savings Bank, respondent.


FRANKENTHALER, S.

Upon the settlement of the decree in this discovery proceeding question has arisen as to the right of the respondent savings bank to require a provision in the decree that payment by the bank in compliance with the prior determination of the court (Matter of Givis, N. Y. L. J., Dec. 10, 1951, p. 1571, col. 6) be conditioned upon either a presentation of the passbook or the furnishing by petitioner of an indemnity bond in double...

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