In re the Will of Eichenbaum

John D. Bennett, S.

By order to show canse, the petitioner seeks an order under section 137 of the Surrogate’s Court Act compelling the respondent, an attorney, to produce a will of the decedent. The order was served on the respondent on March 19, 1959. On the return day, an affidavit submitted by an associate alleged that the respondent had left on the S. S. Homeric, and was expected to return during the middle of April. The affidavit admits the possession of the will by respondent, but asserts an attorney’s lien. However, this argument has been effectually disposed of in Matter of Reiss (200…