New York Court of Appeals
In the Matter of the Estate of F. Augustus Heinze, Deceased. in the Matter of the Application of Walter A…
May 28, 1918224 N.Y. 1
Summary
The Court of Appeals affirmed the Appellate Division, holding that the Surrogate Court lacked jurisdiction to order the return of stock certificates under sections 2675, 2676, and 2734 of the Code of Civil Procedure. The statutes are limited to discovery of estate assets and do not apply to disputes over an executor's exercised dominion or to contests of title by a bona‑fide third party. The contract made by the removed administratrix was not void, and the proper forum for any challenge is a regular action, not a surrogate proceeding.