This is a discovery proceeding in which the inquiry stage has been completed, and the court has before it two motions, one by the petitioner for a decree of turnover of certain property, and the other by the respondent for a dismissal of the proceeding as to that property. There is no disputed issue of fact.
Normally in the Surrogate's Court, the allegations of a petition uncontradicted are due proof of the facts therein stated...
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