Appellate Division of the Supreme Court of New York, 1939

In re the Probate of the Last Will & Testament of Frankel

In re the Probate of the Last Will & Testament of Frankel
Appellate Division of the Supreme Court of New York · Decided March 15, 1939
256 A.D. 1045; 10 N.Y.S.2d 843; 1939 N.Y. App. Div. LEXIS 5998
In re the Probate of the Last Will & Testament of Frankel

Opinion of the Court

Order so far as appealed from affirmed, without costs. Memorandum: Taking into consideration the nature of the issue and the fact that the contestant swore she was unable further to particularize the facts we are unable to say that the surrogate Was wrong in holding that the bill of particulars as furnished reasonably complied with the order therefor. (Matter of Meyers, 158 Misc. 942, 945.) All concur. (The portion of the order appealed from denies a motion to preclude giving of testimony in a will contest.) Present — Sears, P. J., Crosby, Lewis, Cunningham and Dowling, JJ.

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