In re the Probate of the Will of Levine

Maximilian Moss, S.

Contestant’s motion to continue the examination of Louis Lip skin, one of the named coexecutors and trustees, as a subscribing witness is denied. Although examinations pursuant to section 141 of the Surrogate’s Court Act are no longer restricted by the statute to be held prior to filing objections (cf. Matter of Feldstein, 133 Misc. 255) and the courts have adopted a liberal attitude in such examinations (Matter of Ericson, 200 Misc. 1005), their scope is still limited to the relevant facts and circumstances surrounding the execution of the will (Matter of Hermann, 178 App.…