In re the Estate of Elias

Foley, S.

This is an application for an order vacating a notice for the examination of a subscribing witness, unless the contestants pay the witness the usual subpoena fees and her reasonable expenses during her stay in New York. The particular witness resides at Herkimer in this State. The notice for the examination was served by the contestants under section 141 of the Surrogate’s Court Act (as amd. by Laws of 1925, chap. 575). The contestants contend that that section imposes upon the proponents the duty of producing the witness and that the proponent should pay the traveling expenses of…