New York Court Acts|SECTION 2104

                                                

§ 2104. Inquiry; trial and decree

1. Upon the return of the order, whether or not the respondent
answers, the petitioner may examine him with respect to the allegations
of the petition. If it appears thereon that an issue of title to any
property as defined in 103 or the proceeds or value thereof is raised,
if he has not theretofore done so, the respondent shall be directed to
serve and file an answer accordingly, but the examination, if directed
by the court, shall continue. When an issue of title is raised that
issue shall be tried as a litigated issue.

2.  Any claim of title to or the right to the possession of any
property of the decedent or the estate must be made by verified answer.

3.  If the possession of the property be denied, proof of that issue
may be presented by any party.  The court may in an appropriate case
make an interim decree directing the delivery of property not claimed by
verified answer and continue the proceeding for determination of any
litigated issue.

4.  If it appears that the petitioner is entitled to the possession of
any property the decree shall direct delivery thereof to him or if the
property shall have been disposed of or diverted the decree may direct
the payment of the proceeds or the value of the property or may impress
a trust upon the proceeds or make any determination which the supreme
court might decree in following trust property or funds.

5.  If it be determined that the petitioner is not entitled to the
property or the proceeds or value thereof the court may determine the
respective interests of the other claimants thereto.

6.  If during the proceeding, other than a trial of issues raised by
answer, a respondent is examined concerning any personal communication
or transaction between himself and the decedent such examination shall
not be deemed to be a waiver of the provisions of CPLR 4519.