In re the Estate of English

S. Samuel Di Falco, S.

The respondents in this discovery proceeding have moved to dismiss the proceeding and to preclude the petitioner from offering any evidence at the trial of the proceeding as to any of the items set forth in their demand for a bill of particulars. The petitioner has moved by cross motion to vacate the demand for a bill of particulars.

The petitioner herein is the ancillary executor of the decedent’s estate, having been appointed as such by decree of this court dated April 7,1959. In his capacity as ancillary executor he brought a proceeding for discovery directed against…