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In the Matter of the Application of LORETTA MANGENE, as Administratrix with the Will Annexed, etc., of ANGELO MANGENE, Deceased, to Discover Certain Property of Said Decedent Claimed to Be Withheld from His Estate. LORETTA MANGENE, as Administratrix with the Will Annexed, etc., of ANGELO MANGENE, Deceased, Appellant; MARY T. MANGENE, CLEMENT J. CONATY and LOUISE CONATY, Respondents.

Order affirmed, with ten dollars costs and disbursements. The nature and whereabouts of the property in question being known to the administratrix and an examination respecting it having been directed as to the several banks which were concerned with such items of property, it was proper to deny an examination of the respondents, since their answer affirmatively alleged title and right to possession of the items of property involved. Under such circumstances their examination in discovery proceedings was not authorized by section 206 of the Surrogate's Court Act. Lazansky, P.J., Carswell, Johnston, Adel and Close, JJ., concur.

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MATTER OF MANGENE
(Nov 27, 1939)