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 denying proponent’s motion to vacate notice of examination before trial reversed upon the law, with ten dollars costs and disbursements, and motion granted, with ten dollars costs. We think the notice of examination was insufficient in that it failed to state the matters on which contestant sought the examination. (Rogers v. Gould, 206 App. Div. 433; Matter of Hodgman, 113 Misc. 215; Matter of Levy, 198 App. Div. 773.) Kelly, P. J., Manning, Young, Kapper and Lazansky, JJ., concur.

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