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ESTATE OF SAM SALZ, Deceased (81/1729/D) — There are before the court five motions seeking to dismiss two companion discovery proceedings in the estate of Sam Salz. The first of these proceedings seeks an inquiry and examination of certain respondents and the second seeks turnover of property from other respondents. These discovery proceedings were commenced by Marc Salz (“Marc”), one of decedent’s sons and a beneficiary under his Will.1

Decedent became incapacitated in 1978, and his wife Janet Salz (“Janet”) was appointed his conservator in 1980. Janet’s appointment as conservator, as well as her accounting for her tenure as conservator, were contested by Marc and his brother Andre Salz (“Andre”), who are decedent’s children from a prior marriage. In the context of that accounting, Marc and Andre accused Janet of failing to account for all the artwork owned by their father. Decedent died on March 21, 1981, survived by Janet, Marc and Andre. The litigation surrounding Janet’s accounting as conservator continued after decedent’s death and was eventually resolved when Marc and Andre entered into a “Stipulation of Settlement and Discontinuance” on August 19, 1985, in which they released Janet “individually and in her capacity as Conservator, and in any other capacity, both de jure and de facto from any and all claims which they now have or ever had” upon Janet’s payment of a sum certain (Stipulation of Settlement and Discontinuance of August 19, 1985, ¶2).

 
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