Millard's Estate, In re

CourtNew York Surrogate Court
Citation208 Misc. 959,146 N.Y.S.2d 861
PartiesIn re MILLARD'S ESTATE. In the Matter of the Application of John C. Millard, Executor of the estate of Jesse C. Millard, deceased, for an order pursuant to Section 205, Surrogate's Court Act, for the examination of The Saint Vincent's Hospital of the Borough of Richmond. Surrogate's Court, Richmond County
Decision Date09 November 1955

Page 861

146 N.Y.S.2d 861
208 Misc. 959
In re MILLARD'S ESTATE.
In the Matter of the Application of John C. Millard,
Executor of the estate of Jesse C. Millard, deceased, for an
order pursuant to Section 205, Surrogate's Court Act, for
the examination of The Saint Vincent's Hospital of the
Borough of Richmond.
Surrogate's Court, Richmond County.
Nov. 9, 1955.

Page 862

[208 Misc. 960] Barlow, Millard & Amann, Staten Island, for petitioner, John C. millard.

Joseph V. McKee, New York City (John J. Lynch, New York City, of counsel), for respondent, St. Vincent's Hospital.

BOYLAN, Surrogate.

This is an application by the executor pursuant to Section 205, Surrogate's Court Act, to examine the hospital records of St. Vincent's Hospital, Staten Island.

The decedent was admitted to the hospital on March 7, 1955 and died at the same place 3 days later. The petition sets forth that while decedent was in the hospital various tests were performed on him and that an autopsy was performed after his death. The petitioner desires the examination of the hospital records to determine if the estate has any claim for personal injuries and suffering, wrongful death or any insurance claims.

The respondent does not deny having knowledge or information concerning the claims as alleged in the petition but urges in an affidavit by its attorney 'that petitioner is not entitled to the relief sought since it is not alleged nor is it a fact that said hospital has any money or specific personal property belonging to decedent or the proceeds or value thereof under its control or within its knowledge'.

It will be noticed that Section 205 is not confined to a proceeding to compel a person in the possession of property belonging to a decedent to deliver such property to the representative. It is also for the purpose of procuring information as to the property that should be inventoried and appraised as well as of the property that should be delivered to the executor that the proceeding can be brought, and an examination of a person having knowledge of the decedent's property is allowed so as to give information as to such property which the representative is required to inventory or appraise.

There is certainly no reason why the executor should not have the right to examine to enable him to make a proper appraisal or inventory and

Page 863

to take the proper proceedings to ultimately secure the property for the benefit of those interested in the estate. O'Brien v....

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1 practice notes
  • Cohen's Estate, In re
    • United States
    • New York Surrogate Court
    • March 13, 1956
    ...above the petition must be dismissed. An adequate remedy exists in the appropriate forum. The recent decision of In re Millard's Estate, 208 Misc. 959, 146 N.Y.S.2d 861, which is contra to this determination, was decided prior to Matter of Trevor, Submit order. ...
1 cases
  • Cohen's Estate, In re
    • United States
    • New York Surrogate Court
    • March 13, 1956
    ...above the petition must be dismissed. An adequate remedy exists in the appropriate forum. The recent decision of In re Millard's Estate, 208 Misc. 959, 146 N.Y.S.2d 861, which is contra to this determination, was decided prior to Matter of Trevor, Submit order. ...

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