In re the Estate of Weiss

Joseph A. Cox, S.

The executor, who is the sole legatee under his mother’s will, procured a discovery order (Surrogate’s Ct. Act, § 205) upon a petition in which he sought, in addition to other relief, the discovery of certain tangible personal property which had comprised household furnishings in the apartment occupied by the testatrix and the respondent. The respondent, the surviving husband of the testatrix and the father of the executor, filed an answer asserting ownership of this personal property. The petition in discovery also sought information as *982to the occupancies and rentals in an…