Legal Opinion
In re the Estate of Blank
New York Surrogate's Court
Decided May 2, 1939Published
1Opinion of the Court
Wingate, S.
The application for the examination of a party before trial is addressed to the judicial discretion of the court and its allowance or refusal must primarily be predicated upon the comparative equities of the situation as disclosed by the composite demonstration of the record rather than on any hard and fast rule of the location of the burden of proof. (Public National Bank v. National City Bank, 261 N. Y. 316, 320; Matter of Dale, 159 Misc. 578, 579.)
Even if it be granted that in the usual case inquisition will not be granted except to aid the proposed inquisitor to sustain the…
2Cases cited11 opinions
- Public National Bank v. National City BankNew York Court of Appeals · 1933
- Oshinsky v. GumbergAppellate Division of the Supreme Court of the State of New York · 1919
- Whipple v. . Brown Brothers Co.New York Court of Appeals · 1919
- In re the Estate of EbbetsNew York Surrogate's Court · 1933
- Carter v. GoodNew York Supreme Court · 1890
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