In re the Estate of Stiassni

Collins, S.

The respondents in this discovery proceeding move to dismiss the petition on the ground that the court has no jurisdiction in such a proceeding to declare and enforce rights arising out of a contract between the decedent and respondents. The petition named as respondents the two brothers of decedent and the two sons of one of them. One of the brothers has not been served with process. Petitioner is the executrix and principal legatee under the will of decedent.

The facts as set forth in the petition are as follows: Decedent and his two brothers had extensive business interests in…