In re the Estate of O'Brien

Order, Surrogate’s Court, New York County, entered March 26, 1976, denying motion to dismiss the petition and vacate the discovery order, is unanimously reversed on the law, without costs and without disbursements, and the matter remanded for a hearing, with incidental disclosure proceedings, if necessary, on the issue of jurisdiction. The proceeding is "to discover property withheld” under SCPA 2103. It is essentially a proceeding to compel appellant (respondent in the Surrogate’s Court) to deliver to petitioner, executor of the will of Isobel T. O’Brien (hereinafter the "decedent”) certain…