In re the Estate of Felenstein

Foley, S.

The contestant seeks an examination of all three subscribing witnesses to the will. Her counsel duly served a written demand for such examination. Two of the subscribing witnesses were produced by the proponent. They were laymen. The third subscribing witness whom the proponent refused to produce for examination is an attorney and apparently was the draftsman of the will. Counsel for the proponent relies upon a highly technical construction of section 141 of the Surrogate’s Court Act which relates to the examination of the subscribing witnesses. The material part of that section…