In re the Estate of Smith

Bailey, S.

This is an application by John F. Simpson, a nephew of the decedent and one of the contestants, for an examination before trial of the proponents and of the legatees named in the last will and testament and the codicils to the last will and testament of the decedent herein.

The authority for such an examination is not found in the Surrogate’s Court Act, but is found in section 288 of the Civil Practice Act, authorizing the examination of adverse parties before trial. It has repeatedly been held that the provisions of section 288 of the Civil Practice Act apply to contested probate…