In re the Estate of Kenney

Wingate, S.

This is a proceeding, presumably instituted under the supposed authority of section 206-a of the Surrogate’s Court Act, to compel the administratrix to deliver to the petitioner three certain savings bank books in her possession standing in the name of the decedent “ in trust for ” the petitioner.

The basis of the relief as stated in the initiating petition is not entirely clear. In its fourth paragraph it apparently predicates the right to present recovery upon a stipulation between the parties, dated January 4, 1939, which, so far as material, reads, in effect, that the books…