In re the Estate of Miller

John D. Bennett, S.

The petitioner brings this discovery-proceeding to recover the proceeds of sale of an automobile previously in the possession of the respondent.

The facts are briefly that prior to the decedent’s death he and his wife entered into an agreement with the respondent which provided that the respondent would undertake the installment payments under a conditional bill of sale executed by decedent affecting the automobile which is the subject of this proceeding.

At the time of the agreement, possession of the car was turned over to respondent but ownership remained in the decedent.…