In re the Estate of Hall

In this discovery proceeding brought by the executor of the estate, respondent moved at the trial, at the close of petitioner-’s case, to dismiss the proceeding on the ground that this court lacked jurisdiction of the subject matter. The court reserved decision as to that motion and now disposes of it. The court denies the motion.

The essential ground of the motion was that as the proceeding seeks recovery of rents and profits of two pieces of real property claimed to be owned by decedent the ownership of which is disputed by respondent, the proceeding is not one to recover a specific chattel…