In re the Estate of Tividar

Rubenstein, S.

Petitioners move to strike out respondent’s answer and for summary judgment, pursuant to rule 113 of the Rules of Civil Practice, directing the executor to deliver to them ten United States Defense Bonds, each of which is payable upon testatrix’ death to beneficiaries named thereon.

Respondent, who is the sole beneficiary, residuary legatee and executor under testatrix’ will, admits that he has possession of the bonds but asserts that there is a question of ownership because testatrix listed the same bonds in her will as a bequest to him. It is further contended that if the bonds…