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This entry was published on 2014-09-22
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SECTION 2105
Proceeding to compel delivery of property by a fiduciary which is claimed by another or others 1
Surrogate's Court Procedure Act (SCP) CHAPTER 59-A, ARTICLE 21
§ 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.