In re the Estate of Ehrlich

O’Brien, S.

This is a proceeding brought by the executor to discover property alleged to be withheld by the respondent. The order for discovery requires the respondent to attend and be examined with respect to forty-nine shares of stock of Ferdinand Ehrlich, Inc., to which the respondent claims title. The shares of stock are admittedly in the possession of the executor, the petitioner herein. The proceeding should be dismissed for the following reasons: (1) The purpose of a discovery proceeding is to obtain the possession of property, which should be delivered or paid to the representative of…