In re the Estate of Ratz

S. Samuel Di Falco, S.

The executor under the will of the decedent instituted a discovery proceeding against the decedent’s husband to compel delivery to the executor of funds withdrawn from the decedent’s bank accounts during her life and held by the respondent. The petitioner alleges that the withdrawals were made on the understanding that the funds were to be used for medical, hospital and nursing expenses, that the respondent would account to his wife for all sums withdrawn and that any balance remaining in his hands should remain the sole property of the decedent.

In the course of the…