In re the Probate of the Will of Garfunkel

Maximilian Moss, S.

In this probate proceeding the proponents, who are the nominated executors, move to strike out respondent’s answer on the ground that it does not raise any triable issue, and for such other and further relief as may seem just and proper. Respondent’s preliminary ground in opposition is that the notice of motion is not supported by affidavit. None is necessary on a motion addressed to the pleadings (Matter of Froehlich, 162 Misc. 768; Rules Civ. Prac., rules 109, 112).

In the propounded instrument decedent gives the net estate in equal shares to five children, including the…