In re the Estate of Service

S. Samuel Di Falco, S.

The daughter of the decedent attempted to institute a proceeding under section 206-a of the Surrogate’s Court Act to compel delivery to her of certain savings bank passbooks which were in the decedent’s name, in trust for petitioner. The executor under the decedent’s will petitioned for a construction of the will and for a determination that the bank accounts and their proceeds were payable to him in order that he might discharge all debts and carry out the provisions of the will. Process on the daughter’s petition was never duly served and her petition was accepted as…