New York Consolidated Laws, Surrogate's Court Procedure Act - SCP § 2105. Proceeding to compel delivery of property by a fiduciary which is claimed by another or others




1. A person having a claim to property as defined in 103 or the proceeds thereof alleged to be in the possession of or under the control of a fiduciary may present to the court which has jurisdiction over the estate a petition showing the facts and praying that the fiduciary be required to show cause why he should not be required to deliver the property or the proceeds thereof.

2. Process shall issue accordingly to the fiduciary.

3. Upon return of process the court must hear the proofs of the parties, determine the issues, and if claim shall have been made to the property or the proceeds thereof by a person or persons other than the fiduciary, the court shall determine the respective interests of the parties in the property or the proceeds or value thereof and make a decree accordingly.





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