From Casetext: Smarter Legal Research

Matter of Durban

Appellate Division of the Supreme Court of New York, Second Department
Feb 1, 1917
177 App. Div. 898 (N.Y. App. Div. 1917)

Opinion

February, 1917.


Mr. Durban's assignment to his stepdaughter of April 26, 1916, was between parties already cited into the Surrogate's Court, and signed during the pendency of the probate proceedings. It purported to pass rights under the will if admitted, or, if the will be rejected, then to cover all Mr. Durban's interest, as husband and as next of kin, in the distribution of the estate. We cannot say that to take testimony as to the execution, delivery and validity of this assignment would be beyond the surrogate's powers, as enlarged by the Code of Civil Procedure, section 2510. As we read the order, it does not contemplate passing on the question of any subsequent breach thereof in case it should be found that the purported assignment had a valid inception. Order of the Surrogate's Court of Richmond county affirmed, but without costs. Jenks, P.J., Thomas, Mills, Rich and Putnam, JJ., concurred.


Summaries of

Matter of Durban

Appellate Division of the Supreme Court of New York, Second Department
Feb 1, 1917
177 App. Div. 898 (N.Y. App. Div. 1917)
Case details for

Matter of Durban

Case Details

Full title:In the Matter of the Substitution of Attorneys for GEORGE A. DURBAN…

Court:Appellate Division of the Supreme Court of New York, Second Department

Date published: Feb 1, 1917

Citations

177 App. Div. 898 (N.Y. App. Div. 1917)

Citing Cases

Matter of Swift

However, the law in this respect was changed in 1910 and subsequently, and it has long since been held that a…