In re the Probate of the Will of Sakel

Orders unanimously affirmed, with costs to all parties filing briefs, and the examinations are to proceed on a date to be fixed in the orders to be entered hereon. Contestants to the probate of a will have been permitted to take the deposition of the proponent on the question of status of contestants to file objections under section 147 of the Surrogate’s Court Act. In addition to challenging the power of the court to permit the examination, proponent urges that the denial of the motion to vacate the notice of examination was an improvident exercise of discretion. Both our decision in Marie…