In re the Estate of Hassett

This is an appeal from a decree of the Surrogate’s Court of Chemung County, in a discovery proceeding brought under section 205 and tried under section 206 of the Surrogate’s Court Act. The proceeding was brought by one executrix of three to recover property now of considerable value, withheld under an alleged inter vivos trust. The decree upholds a testamentary trust of decedent’s estate as against an inter vivos trust which respondent contends disposed of a portion of his estate, consisting entirely of then worthless corporate stocks, during his lifetime. All parties concede that an oral…