In re the Estate of Unger

Wingate, S.

Under section 316 of the Surrogate’s Court Act the provisions of the Civil Practice Act are made applicable to pro*953ceedings in Surrogates’ Courts in the absence of express or “ plainly implied ” contrary intent. Nothing within this connotation is to be found in the Surrogate’s Court Act respecting replies, wherefore section 274 of the Civil Practice Act is clearly applicable and accords a discretionary right to the court to direct the filing of a reply where an answer contains new matter constituting a defense by way of avoidance. The answer in this proceeding complies with this…