In re the Probate of the Will of Robbins

Bubenstein, S.

The proponents in a contested probate proceeding served upon contestants a notice in pursuance of section 322 of the Civil Practice Act to admit certain facts set out therein. The latter now seek, through notice of motion, an order declaring that specified items in the notice are irrelevant and that they be relieved from the necessity of answering said items. The motion is opposed upon the ground that all questions as to the reasonableness of the demand or of the sufficiency or effect of an answer thereto must be determined at the trial and cannot be determined in advance…