MATTER OF PENDER


197 Misc. 344 (1949)

In the Matter of The Estate of John J. Pender, Deceased.

Surrogate's Court, Kings County.

November 1, 1949.


Attorney(s) appearing for the Case

Thomas V. Burnett and James M. Brooks, in person, for James M. Brooks, as executor of John J. Pender, deceased, petitioner.

Harry A. Davidow for Mary H. Gayer, respondent.


McGAREY, S.

In this discovery proceeding, petitioner seeks to examine respondent and to recover a series G United States Savings Bond and two bank accounts. Respondent denies knowledge or possession of the bank accounts and claims ownership of the bond. She also asserts that a prior decree is res judicata as to the bond. The petitioner moves to strike out the defense of res judicata and for summary judgment on the issue of title

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