In re Nay

The Surrogate.

This is a discovery proceeding under § 2706 of the Code of Civil Procedure. The petitioner alleges that, upon an examination of the books, memoranda and returned checks of the decedent, it has been discovered that one John Dunne, the person herein cited, is in possession of a large sum of money, to wit, nine hundred dollars, belonging to the decedent’s estate. A verified answer has been interposed by Dunne, in which, after denying the allegations of the petition, he insists that he is “ the owner of said sum of money, to wit, nine hundred dollars, mentioned in said petition.”

If…