In re the Estate of Hossan

Wingate, S.

The instant application, at least in its present connection, is wholly unprecedented, so far as the diligence of counsel or the experience and individual research of the court disclose. It is an application on behalf of a respondent in a discovery proceeding under section 205 of the Surrogate’s Court Act to wholly withdraw his answer which admitted receipt from the decedent of the property in question and asserted its delivery by him as a gift.

The sum involved is $25,000, which the petition alleges to be the balance of a larger sum which the decedent turned over to Godfrey N.…