In re Proving the Last Will & Testament of Hodgman

Fowler, S.

TMs is an application for an examination of a proponent of a will before trial of a contested probate, for the alleged purpose of preparing for trial. It is claimed to be justified under section 2770 of the Code of Civil Procedure and sections 870, 872 and 873 of the Code of Civil Procedure.' I am not satisfied that there is such a right to examine *71proponent before trial. The proceeding for probate is one in rent, and is a special proceeding. It is not an action at law. On the trial every opportunity is afforded of eliciting all the facts in an orderly way. I so held in Matter of…