In re the Probate of the Last Will & Testament of Hone

Contestant bad the right to plead as many defenses as he desired, and the answer filed is a good pleading under section 49 of the Surrogate’s Court Act. After proponent makes out his prima facie case, the burden will rest upon contestant to prove fraud, misrepresentation and undue influence. (Matter of Kindberg, 207 N. Y. 220; Matter of Falabella, 139 N. Y. Supp. 1003.) The motion for leave to examine before trial should have been granted, to enable contestant to establish his defenses. The testimony sought is material and necessary. (Civ. Prac. Act, § 288; Brown v. Brown, 203 App. Div. 658;…