MATTER OF SCHULMAN


33 A.D.2d 666 (1969)

In the Matter of The Estate of Harry Schulman, Deceased. Mae Shulman, Appellant; Albert Shulman et al., Respondents

Appellate Division of the Supreme Court of the State of New York, First Department.

November 13, 1969


Decree entered April 14, 1969, reversed, on the law and the facts, with costs to abide the event.

The Surrogate's finding in this discovery proceeding (SCPA 2103) that petitioner failed to establish that she is entitled to any property in respondent's possession, is against the weight of the credible evidence. In our view petitioner's proof was sufficient to raise an issue of title to the money and other personal property described in the petition. Respondent is,...

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