In re the Estate of Seaman

O’Brien, S.

This is an application under section 228 of the Surrogate’s Court Act for an order of the surrogate giving directions as to the custody of property belonging to the estate. The petitioners, John W. Hill and Beatrice K. Brown, are two of the three executors. The respondent, Harry A. Cochrane, is the third executor. The property involved consists of a diamond ring, *532pearl necklace, diamond earrings and two brooches. The respondent claims that the testatrix gave him the pearl necklace and diamond earrings during her lifetime, and that, therefore, they are his property. He denies…