2006 New York Code - Proceeding To Compel Delivery Of Property By A Fiduciary Which Is Claimed By Another Or Others

 
  § 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.