In re the Estate of George

Delehanty, S.

The decree of probate dated May 20, 1924, which admitted the will of deceased was vacated by a decree of May 29, 1940. Thereafter a motion was made to strike out the depositions of the subscribing witnesses and by order made September 10, 1940, this motion was denied. Thereupon the subscribing witnesses were ordered to attend for examination pursuant to section 141 of the Surrogate’s Court Act and upon the examination thus initiated the attorney for the widow and children of deceased objected that the witnesses were not competent to testify because of an interest in the event of…