In re the Estate of Friedman

Foley, S.

This is an application to vacate a notice of examination before trial, as an adverse party, of Johanna Jensen, the proponent of the will.

1. It is contended that she is not an adverse party within the meaning of section 288 of the Civil Practice Act, because she is not named in the objections as a party who exercised undue influence, citing Matter of Levy (198 App. Div. 773) and Matter of Miller (N. Y. L. J. Sept. 28, 1928). In these cases, however, the persons sought to be examined by the contestants were not proponents of the wills, and, not haying been named in the objections, were…