In re the Will of Kirkwood

Savarese, S.

The petitioner Charlotte Downs seeks an order under section 137 of the Surrogate’s Court Act directing the examination of the respondent James Kirkwood and the production by him of an alleged testamentary instrument executed by his wife, Beatrice Kirkwood, the decedent herein. The respondent has not placed in issue the allegations of the petition, but challenges petitioner’s status as a “ person claiming to be interested in the estate ”. Decedent died May 25, 1944, a resident of this county, leaving her surviving a husband, James Kirkwood, the respondent herein and their daughter.…