In re the Estate of Ulrich

George Frankenthaler, S.

The evidence establishes that respondent’s intestate received 100 shares of Radio Corporation of America and 100 shares of Brunswick-Balke-Collender Company as an attorney at law representing a client and that the intestate had no title to such securities, never asserted any claim of ownership and merely held such securities as a matter of convenience after the conclusion of litigation through which the securities were derived. It is found that the testator herein was the rightful owner of the securities.

The motion to dismiss the petition as improperly brought pursuant…