In re the Estate of Hilliard

Wingate, S.

The questions raised by the present motion for substitution and continuance are novel and interesting.

In June of this year the present applicants instituted a proceeding for discovery under section 205 of the Surrogate’s Court Act against Charles T. Swimm, predicating it primarily on the assertions that their decedent, Eleanor L. Hilliard, possessed a part interest in a certain bank account which, prior to her death, had been transferred into the individual name of the respondent. It was also asserted that their decedent possessed certain rights as a distributee, and for…