In re the Estate of O'Shaughnessy

Hetherington, S.

Sections 288 et seq. of article 29 of the Civil Practice Act, under which the notice of examination was served, are made applicable to a special proceeding in this court by section 316 of the Surrogate’s Court Act. (People ex rel. Lewis v. Fowler, 229 N. Y. 84.) Here the creditor has the burden of proof in establishing his claim, and is entitled to examine the administratrix as an adverse party. While there has been some expression of opinion that such an examination is unnecessary in a voluntary accounting proceeding (Matter of Britsch, 128 Misc. 219) and not authorized by…