Appellate Division of the Supreme Court of New York, 1927

In re Proving the Last Will & Testament of Kelly

In re Proving the Last Will & Testament of Kelly
Appellate Division of the Supreme Court of New York · Decided January 15, 1927
219 A.D. 744
In re Proving the Last Will & Testament of Kelly

Opinion of the Court

Order of the Surrogate’s Court of Queens county, which denied in part proponent’s motion for a bill of particulars, modified so as to require contestant to give a bill of particulars of the time or times and the place or places where the contestant claims undue influence was exercised upon the decedent, and the time or times and the place or places where contestant claims duress was practiced upon the decedent, as specified in proponent’s demand, subdivisions (c) and (f). K contestant has not this knowledge, she should so state. As so modified, the order is affirmed, without costs. Kelly, P. J., Manning, Young, Kapper and Lazansky, JJ., concur.

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