In re the Estate of Kelly

Joseph A. Cox, S.

In this proceeding to revoke letters testamentary, the trial is in progress before this Court and a number of hearings have been held. Fourteen days before the date upon which a further hearing is to be held, the petitioner served a notice to admit facts pursuant to section 322 of the Civil Practice Act. The respondent, a coexeeutrix, has moved for an order “ requiring petitioner to withdraw the notice to admit for the reason that it was not timely served.”

The respondent urges that the trial is already in progress and that the statute calls for the service of a notice to…