In re the Estate of Young

Millard L. Midonick, S.

This proceeding is brought by petitioning executors under the will of the decedent author, to recover from Simon & Schuster as publishers, certain royalties, earned by the sale of the decedent’s books, in the amount of some $58,000 as at the inception of the suit. The respondent’s motion to dismiss on the ground of lack of jurisdiction in the Surrogate’s Court over the subject matter of a mere contract chose in action, not specific segregated property, was denied, and the respondent’s answer was deemed a motion for summary judgment to dismiss the petition on the merits…