In re the Estate of Browning

Delehanty, S.

Respondent in this discovery proceeding has moved to dismiss the proceeding, to vacate the order in discovery and to vacate the subpoena duces tecum issued simultaneously therewith. The question presented is one of law.

The petition charges that respondent conspired with an employee of deceased and of the estate of deceased to procure certain contracts from deceased and his estate representative under which respondent was to be paid substantial sums of money, ostensibly as the contract price of work and materials. The petition alleges that these contracts were procured through the…