In re the Estate of Rosenblath

Hetherington, S.

This is a discovery proceeding and it appears that decedent and her husband, who survives, held certain bonds and mortgages wherein both were named as mortgagees, some with and others without the word “ survivor ” added. The respondent (husband) lays claim to all, urging that his wife and he agreed to make mutual wills leaving the entire property of each to the other respectively, that he fulfilled his part of this contract but that she neglected so to do. The executor concedes that such of the instruments as contain the word “ survivor ” belong to the respondent, but resists…