MTR. OF ESTATE OF SCHNEIER


74 A.D.2d 22 (1980)

In the Matter of The Estate of Saul Schneier, Deceased. Nathan Freidman, Appellant-Respondent; Merchants National Bank and Trust Company, Respondent-Appellant. (Appeal No. 1.) In the Matter of The Estate of Saul Schneier, Deceased. Nathan Friedman, Appellant; Merchants National Bank and Trust Company, Respondent (Appeal No. 2.)

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

April 8, 1980


Attorney(s) appearing for the Case

Marc G. Terziev (Oot, Setright & Ciabotti [John Setright] of counsel), for appellant and appellant-respondent.

Hiscock, Lee, Rogers, Henley & Barclay and Jacob G. Schneier (Richard Kopek of counsel), for respondent and respondent-appellant.

HANCOCK, JR., J. P., SCHNEPP, CALLAHAN and DOERR, JJ., concur.


WITMER, J.

The principal question presented in these appeals is whether petitioner, who instituted a proceeding in Surrogate's Court in the nature of a replevin action to recover specific certificates of corporate stock and other assets, formerly possessed by the testator and now in the hands of respondent as executor, is entitled to a jury trial of the issues raised by respondent's answer. The Surrogate granted...

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