In Re Martin, Jr.

I cannot agree, under the circumstances disclosed, that the Court of Appeals erred in declining to go into the competency, materiality and relevancy of certain of the questions propounded to Fred J. Martin, Jr.

It appears: (1) That the witness Martin was not a party to the New York proceedings in connection with which his deposition was desired; (2) that the questions objected to were within the general scope of the directions contained in the commission to take testimony issued hy the New York Surrogate’s Court; (3) that the Court of Appeals did not have before it all of the pleadings in the…