In re the Probate of the Will of Dix

Maurice D. Isenbergh, S.

The objectant pursuant to rule 113 of the Rules of Civil Practice moved for summary judgment. The motion may be properly brought in Surrogate’s Court (Surrogate’s Ct. Act, § 316; Matter of Pascal, 309 N. Y. 108; Matter of Fishkind, 271 App. Div. 1013; Matter of Doepfer, 14 Misc 2d 898).

A preliminary examination of the three subscribing witnesses to the will was held in open court. The examination consisting of questions and answers was taken down in full by the official court stenographer. At that time Mr. Potts, one of the three subscribing witnesses, signed a formal…