In re the Estate of Kirchenbaum

Campbell, S.

This court is confronted with a motion to dismiss the petition in this discovery proceeding instituted pursuant to section 205 of the Surrogate’s Court Act.

Testator died in the county of Schenectady on May 11, 1929, leaving his last will and testament which was admitted to probate. Petitioner was appointed executor by this court on May 16, 1929.

Testator, pursuant to his will, left a one-half interest in his scrap metal business to a son, Lester Kirchenbaum, respondent. The nature of this proceeding is to have him account for the other and remaining one half of the business over a…