In re the Estate of Appel

Cohalan, S.

This is an application for an order in a discovery proceeding. It plainly appears from the petition that the petitioner is not entitled to the order, because a discovery proceeding in the Surrogate’s Court cannot be used for the purpose of collecting a debt. Where it appears on the face of the petition that delivery cannot be directed, an order to attend an inquiry should not be granted. This precise question was presented and decided in Estate of Denham, N. Y. L. J., June 23,1917, where this court said:

“ The petitioners in the discovery proceeding admit in the brief filed in their…