Ryan's Estate, In re
| Decision Date | 25 June 1970 |
| Citation | 311 N.Y.S.2d 719,63 Misc.2d 415 |
| Parties | In re RYAN'S ESTATE. In the Matter of the Proceeding by Eleanor RYAN as Administratrix of the Estate of George Ryan, Deceased, To Discover Property Withheld or Obtain Information Thereof. Surrogate's Court, Erie County |
| Court | New York Surrogate Court |
Francis X. Murphy, Buffalo, for petitioner.
Williams, Stevens & McCarville, Buffalo (Timothy M. O'Mara, Buffalo, of counsel), for respondent.
WILLIAM J. REGAN, Surrogate.
This is a discovery proceeding by Eleanor Ryan, Administratrix of the above estate, to inquire regarding knowledge or information concerning an alleged agreement between decedent and respondent. The agreement in question allegedly concerned a transaction involving stock of respondent's company and its alleged obligation to sell some of said stock under certain conditions and also included an escrow agreement.
The respondent stipulated that there were such agreements and voluntarily agreed that the funds in escrow, plus interest, be turned over to the estate. On the other hand, respondent volunteered no further information regarding the alleged agreement and takes the position in relation to this discovery proceeding that the Surrogate's Court has no jurisdiction and that the relief sought is in the realm of other courts.
The statutes relating to disclosure proceedings have been enlarged continually for the past fifty years. Amendments to such statutes and decisions of the courts have expanded the rights of fiduciaries who may seek disclosures on an increasingly broadened scale.
New York Estates Practice Guide by Homer Harris, Vol. 2, § 477.
The Surrogate's Court is a constitutional court. Historically, its jurisdiction has been and continues to be expanded and enlarged. Surrogate John D. Bennett, in Matter of MacElroy, 58 Misc.2d 93, 294 N.Y.S.2d 766, expounded in detail concerning this question. He stated:
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