In re the Estate of Wood

Kane, J. (dissenting).

In this proceeding by an executor to discover property withheld from an estate (SCPA 2103), the preliminary inquiry resulted in an order directing respondents to file an answer, and a further order was thereafter made framing issues for trial on the question of possession of certain assets allegedly belonging to the decedent (SCPA 2104).

In their answer, respondents Purzycki admitted that on April 1, 1976 they withdrew a large sum of money from five different bank accounts and that previously those funds had been the sole and exclusive property of Mr. Wood. However, they…