In re the Estate of Humphreys

John D. Bennett, S.

The executor seeks to discover three items of personal property: a diamond ring, a television set, and the proceeds of a social security check. The respondents moxred to dismiss the petition at the end of the petitioner’s case. The court reserved decision on the motion.

The respondent, Martha MacLeod, on her examination in the inquisitorial stage of this discovery proceeding, portions of xvhich have been read into evidence on the trial, testified that the decedent “ gave (the diamond ring) to me ”. Her ansxver, hoxvever, alleges that the ring was given to her only for the…