Weaver's Estate, In re
| Decision Date | 03 February 1969 |
| Parties | In re Elizabeth W. WEAVER'S ESTATE. Application of William J. WEAVER as administrator of the Estate of ElizabethW. Weaver, Deceased, to discover property withheld. Surrogate's Court, Albany County |
| Court | New York Surrogate Court |
Cooper, Erving & Savage, Albany, for petitioner (James G. Brennan, Jr., Albany, of counsel).
Morris Zuckman, Albany, for respondent.
JOHN J. McCALL, Surrogate.
Involved herein is a discovery proceeding, initiated by one William Weaver as the administrator of the estate of Elizabeth Weaver against one Doris Weaver. Allegations of the petition were to the effect that certain personal property of Elizabeth Weaver remained in the control of one Doris Weaver, who was withholding the same from the petitioner, having refused to deliver the same on demand.
On the return day of the order to show cause, upon being examined by counsel for the petitioner, the respondent answered all questions relative to the property and her relationship with William Weaver by invoking the privilege against self incrimination, admitting the marriage and the date thereof. When asked if she lived with Weaver after her marriage at 877 New Scotland Avenue she invoked the privilege. Again upon interrrogation as to whether the instant property was in the home at the time, she refused to answer and took a similar attitude concerning the purchase of and entry into a new home with Weaver at 19 Belvedere Avenue. The proceeding was then adjourned to give petitioner time to present additional proof concerning the property. The property consisted in the main of flat silver, glassware, and a few small items of furniture.
Petitioner subsequently produced a daughter of deceased (now substituted for the petitioner as administrator d.b.n. the petitioner having since died) who testified the property involved was in the home of her deceased mother, then moved in January 1966 to the home of William Weaver and Doris Weaver at 19 Belvedere Avenue, Albany. Witness stated she lived there for two months with her stepfather and his new wife. She then left at which time the property remained in the new home. She subsequently returned for visits during the following summer months and observed many of the items there. William Weaver testified the property was his first wife's, that he moved it to the second home and it was there when he left in September 1967. He also testified Doris Weaver's mother told him Doris didn't want him near the house to obtain the property. The respondent here was not present at the time of the taking of this testimony but her only objections to it being considered are that William Weaver's testimony constitutes confidential communication by his wife and is...
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