In re the Estate of Luttrell

Appeal from an order of the Surrogate’s Court of Essex County (Garvey, S.), entered March 16, 1983, which, inter alia, made a summary determination of respondent Eileen La Gasse’s title by gift as to moneys and stock originally owned by decedent. Petitioner, the executor of the estate of Nellie M. Luttrell, who died on January 18, 1978, commenced this proceeding pursuant to SCPA 2103 to discover certain property allegedly withheld from the estate by respondent Eileen La Gasse. Respondent did not answer and an inquiry was held (see SCPA 2104). The testimony revealed the existence of a Totten…