In re the Estate of Raleigh

Heaton, S.

This is a discovery proceeding, brought under sections 3707-3710, Code of Civil Procedure; and the parties *514have consented that the surrogate may decide the issue as to the ownership of the property in dispute.

Richard D. Raleigh, a day or two previous to his death, when stricken with a fatal illness, made a gift to his sister of certain bank books and shares of corporate stock. He died leaving a widow with whom he had never lived; and she, as his duly appointed administratrix, brought this proceeding to recover said property as assets of his estate. Evidence was given showing a valid…