In re the Estate of Donnelly

Wingate, S.

The present motion to dismiss this discovery proceeding at the close of the petitioner’s case raises certain interesting questions regarding this distinctive proceeding of surrogate’s practice.

The proceeding was initiated, under section 205 of the Surrogate’s Court Act, by the administrator to examine three named persons in respect to the sum of $3,500, funds of the testatrix, which it was alleged came into the possession of the respondents within three months of the date of death of the intestate.

The respondents adopted the increasingly prevalent practice of appearing for…