In re the Estate of Meister

S. Samuel Di Falco, S.

This is an application by the executors to obtain the consent of the court to the transfer of an action, now pending in the Supreme Court, instituted by the committee of the incompetent daughter of the decedent, against the executors for $5,000,000 in damages for the alleged breach by the testator of an agreement to provide for the plaintiff’s ward in accordance with the terms of a third-party beneficiary contract. The application is opposed by the committee upon the ground that there is no proceeding pending in this court which is said to be an essential condition to…