(Surrogate Court, Kings County,
Filed September 20, 1886.)
Practice. — Arswer to petitior must be specifc.
Where a petition asks for tlie delivery to an executor of bonds alleged to belong to the decedent, the answer which claims a lien on them should state specifically the nature of the lien.
The petition of the executor of Motz asked that Edgar M, Crawford be required to surrender to him certain bonds which the said Crawford is alleged to hold unlawfully and in violation of the right of the petitioner, and that the said bonds belong to the estate of the decedent and that the petitioner is entitled to *344the possession thereof. The answer of Crawford alleges that Demás Barnes as assignee in bankruptcy of T. H. and B. T. Yetterlein received said bonds and that they were the property of said assignor. “ That the said bonds were delivered to deponent by the said Demás Barnes, assignee, in order to enable such bonds to share in a dividend resulting from the proceeds of the sale of certain lands which came to the hands of deponent and that deponent is liable to the said Demás Barnes for the return of said bonds to him, as well as for the dividends to which they are entitled subject to unsettled matters between deponent and the said assignee.”
Edward McKinley, for petitioner; Jas. K. EiU, Wing Sf Shoudy, for E. M. Crawford.
Mr. Crawford denies the title of petitioner’s testator to the bonds in question and asserts ownership by another and a lien, thereon as to unsettled matters between him and the assignee of Yetterlein.
I think the answer should be more specific as to the nature of this lien, and the respondent may have ten days to file amended answer.
5 N.Y. St. Rptr. 343
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