In re the Estate of Levine

McGarey, S.

The respondents’ motions to dismiss this discovery proceeding instituted by one of four coexecutors against a brother and nephew of the decedent are denied. The petition alleges that subsequent to the execution of the will and during the lifetime of testator, the respondents received from one of the coexecutors large sums of money from a “ secret fund ” which moneys belong to the estate. It is further alleged that the other three coexecutors are not joined as parties because the same coexecutor likewise disbursed similar moneys to the other two coexecutors, which sums also should…