In re the Estate of Kahn

Harry G. Herman, S.

Two of the three executors have brought a proceeding against the third fiduciary whereby the court is asked to disallow a stock option and void a stock interest claimed to be held by the respondent. Certain other incidental relief is also requested. In answer to the petition, respondent has moved for an order dismissing the application, claiming the court does not possess jurisdiction to determine the issues.

For the purpose of deciding the motion the following facts are assumed to be true. Decedent owned all the stock of Artex Enterprises, Inc., hereinafter referred to as…