In re the Accounting of Brown

In an accounting proceeding a notice was served in behalf of the accounting executor for taking the testimony by deposition before trial of a member of the firm of attorneys representing the executor, upon the ground that the witness resided outside the State of New York. A motion was made by the objectants to vacate the notice of examination upon the grounds that the witness to be examined maintained an office for the practice of law in New York City and was not therefore “ without the state,” and that no special circumstances were shown to render the taking of his deposition proper. The…