In re the Estate of Ihmsen

Rogan, S.

This is a discovery proceeding under section 205 of the Surrogate’s Court Act to recover possession of two certain bank deposit books of decedent alleged to be wrongfully withheld by the respondent.

On the 17th day of December, 1935, the decedent entered into an agreement with the respondent, the National Commercial Bank and Trust Company, by the terms of which the bank was to be the custodian of certain securities and property of the decedent held by it at the time the agreement was made, whereby it was agreed that the income from such securities was to be paid to him during his…