168 Misc. 937 | N.Y. Sur. Ct. | 1938
An examination of the executor pursuant to section 263 of the Surrogate’s Court Act is sought by deceased’s widow. The executor concedes that the widow is entitled to an examination. Where he differs from her is in respect of the range of the examination which the court should order.
Deceased and the executor were brothers. While deceased lived the two brothers operated a steam tugboat business. Four boats were owned nine-sixteenths by the executor and seven-sixteenths by the deceased; a fifth boat was owned in equal shares. In a close corporation formed in the lifetime of deceased the executor in his private capacity was always the majority stockholder. The deceased owned the balance of the outstanding stock and his shares are now part of his estate. Prior to and since the death
As respects the executor’s fear that this examination may convert secrets of the business into public property it is enough to say that should this somewhat fanciful danger prove to be in any sense real counsel may come before the court for specific rulings on specific questions.
The motion is in all respects granted. Submit, on notice, order accordingly.