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This entry was published on 2014-09-22
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SECTION 2217
When money or property may be retained 1
Surrogate's Court Procedure Act (SCP) CHAPTER 59-A, ARTICLE 22
§ 2217. When money or property may be retained

1. In any of the following cases the decree must direct that a sum
sufficient to satisfy a debt or claim or the proportion to which it is
entitled, together with the probable amount of the interest and costs,
or that any personal property the right to which is in controversy, be
retained in the hands of the accounting party or be deposited in a bank
or trust company, subject to the order of the court, or be paid into the
court for the purpose of being applied to the payment of the debt or
claim or to the satisfaction of any judgment recovered and that so much
thereof as is not needed for such purposes be afterwards distributed:

(a) Where an admitted debt of the decedent, ascertainable in amount,
is not yet due and the creditor will not presently accept payment with a
rebate of interest, or

(b) Where a claim for a debt, ascertainable in amount, but not yet due
has been disputed or rejected, or

(c) Where an action is pending between the fiduciary and a person
claiming to be a creditor of the decedent, or

(d) Where on the judicial settlement of the account of a trustee a
controversy respecting the right of a party to share in the estate or
other personal property held by the trustee has not been determined.

2. Upon the determination of the debt or claim or the right to the
personal property any party may present a petition to the court praying
for directions as to the disposition of the moneys or property retained.