In re the Estate of Hare

opinion of the court

C. Raymond Radigan, J.

The motion to dismiss this discovery proceeding presents the somewhat novel question of whether one executor can commence a proceeding to recover assets in the possession of a coexecutor. My predecessor, Surrogate Bennett, declined to entertain such a proceeding in Matter of Matheron (207 Misc 1061), primarily because of the common-law theory treating coexecutors as one and the inability to conceptualize an entity suing itself in actions at law, but apparently allowing it in equitable actions. For this reason, the court concluded that it should…