In re the Chemical Bank & Trust Co.

This discovery proceeding was begun by an order dated February 27, 1930, requiring Kathryn T. Hicks, a daughter of the deceased, Charles M. Hicks, her husband, and Jack Hicks, her son, to make discovery, under oath, of the money and property alleged in the petition annexed thereto to be in their possession.

On the return day of the order, Kathryn T. Hicks, one of the respondents, filed an answer claiming title to a Rolls Royce automobile and to household furniture, etc., claimed to be wrongfully withheld by her. That proceeding was tried before one of the surrogates and resulted in a dismissal…