In re the Estate of Wolfle

William J. Regan, S.

The contestant herein has asked for a preliminary examination of the subscribing witnesses under *809section 141 of the Surrogate’s Court Act. The proponent, by its attorney in open court, advised the ‘Surrogate that one of the witnesses sought to be examined is recalcitrant and has refused his several requests to appear.

The proponent’s position is that if, as it appears here, it becomes necessary to subpoena such witness and to pay witness’ fees, etc., it is the duty of the contestant seeking the examination to bear those burdens. The contestant argues otherwise, claiming…