In re the Probate of the Will of Young

In a contested probate proceeding in which the contestant pleads lack of testamentary capacity, fraud and undue influence, the appellant moved to examine as a witness the doctor who attended the decedent three days after the purported will was executed and up to the time of his death. No opposing affidavit was submitted. The motion was denied. Order of the Surrogate’s Court, Westchester County, reversed on the law and the facts, with ten dollars costs and disbursements, and the motion granted, without costs, the examination to proceed on five days’ notice. While the facts set forth in the…