In re the Probate of the Will of Stumpf

John D. Bekkett, S.

Motion has been made by the contestant in this probate proceeding for an examination before trial of the proponent, W. Clifford Roderick, and a legatee, Annie E. Roderick, under the propounded instrument.

The fact that the proponent has already been examined under section 141 of the Surrogate’s Court Act is no bar to his examination under section 288 of the Civil Practice Act (Matter of Ferris, 193 Misc. 1044; Matter of Levine, 15 Misc 2d 281 ; Matter of Eckman, N. Y. L. J., Sept. 4, 1959, p. 9, col. 1). Accordingly an examination of the proponent, at a time and place to be…