Legislation
SECTION 602
Decree or order, when evidence of assets A decree directing payment by a fiduciary to a creditor of, or a person interested in, the estat...
Surrogate's Court Procedure Act (SCP) CHAPTER 59-A, ARTICLE 6
§ 602. Decree or order, when evidence of assets
A decree directing payment by a fiduciary to a creditor of, or a
person interested in, the estate, or an order permitting a judgment
creditor to issue an execution against a fiduciary is, except upon an
appeal therefrom, presumptive evidence that there are sufficient assets
in his hands to satisfy the sum which the decree directs him to pay or
for which the order permits the execution to issue. A decree charging a
deceased fiduciary with assets upon an accounting under 2207, is not
evidence of assets in the hands of the accounting fiduciary.
A decree directing payment by a fiduciary to a creditor of, or a
person interested in, the estate, or an order permitting a judgment
creditor to issue an execution against a fiduciary is, except upon an
appeal therefrom, presumptive evidence that there are sufficient assets
in his hands to satisfy the sum which the decree directs him to pay or
for which the order permits the execution to issue. A decree charging a
deceased fiduciary with assets upon an accounting under 2207, is not
evidence of assets in the hands of the accounting fiduciary.