In re the Estate of Stein

Joseph A. Cox, S.

In this discovery proceeding the sole surviving executor seeks to compel delivery by the Commercial Bank of North America of assets allegedly belonging to the estate. The United States of America has been made a party, has appeared and filed its answer.

Decedent in his lifetime guaranteed a loan made by the bank to a corporation of which he was the sole stockholder and delivered United States Treasury bonds as collateral. Subsequent to decedent’s death the loan was reduced to $23,250. The collateral is in the amount of $35,000. The bank now holds $7,141.49 deposited in the…