In re the Estate of Danielson

John D. Bennett, S.

This is a proceeding under section 137 of the Surrogate’s Court Act in which an order has been *808obtained on behalf of an infant distributee requiring the proponent to produce the decedent’s prior wills.

On the return day of this order, the proponent filed an affidavit in opposition to the application in which it is alleged that “ the original of decedent’s prior will which had been prepared by your deponent’s office in 1944 had been delivered to the decedent and that she physically destroyed such will subsequent to execution of the Last Will and Testament offered for probate…