In re the Estate Lehman

John D. Bennett, S.

Motion in this contested probate proceeding to vacate or modify the proponent’s notice to examine the contestant as an adverse party, dated April 13, 1962.

On April 5, 1962, an examination pursuant to section 141 of the Surrogate’s Court Act of Jane Heffernan, one of the subscribing witnesses, was adjourned by the court to May 1, 1962, at 10:30 a.m. The allegation is made in the moving papers that the request for the adjournment was made at the instance of the proponent’s attorneys. This statement of fact is uncontroverted by the proponent.

Thereafter, on April 10, 1962, the…