New York Surrogate's Court May 27, 1949 (In re the Estate of Stiassni)

Collins, S.

The respondents in this discovery proceeding move to dismiss the petition on the ground that the court has no jurisdiction in such a proceeding to declare and enforce rights arising out of a contract between the decedent and respondents. The petition named as respondents the two brothers of decedent and the two sons of one of them. One of the brothers has not been served with process.