In re the Estate of Schneier

OPINION OF THE COURT

Bernard L. Reagan, S.

Saul Schneier died testate on January 26, 1973.

*184Preliminary letters were granted on April 10, 1973 to the Merchants National Bank and Trust Company, the named executor in said will. Letters testamentary were issued on July 20, 1976.

On or about January 24, 1974 the petitioner, Nathan Friedman, brought a proceeding entitled "Petition to Compel Delivery of Property by Fiduciary SCPA 2105”. Respondent executor filed its answer on February 4, 1974.

By order dated October 31, 1978 this court granted permission to the petitioner, Nathan Friedman, to file an…