In re the Estate of Burnstine

Foley, S.

The contestants apply for an examination of the subscribing witnesses to the will. The application is resisted by the proponent on the ground that section 141 of the Surrogate’s Court Act limits the right to an examination to a time prior to the filing of objections. Counsel for the proponent contends that since the contestants have already filed objections in the pending probate proceeding, the right is lost to the contestants. The application is granted. I find no support in the terms of the section for any such narrow construction.

The question raised here has been decided by the…