In re the Estate of Clenen

O’Brien, S.

This is an application to vacate a notice of examination before trial of Louis A. Queen as an adverse party. Said Louis A. Queen is the proponent of the will. It is contended that he is not an adverse party within the meaning of section 288 of the Civil Practice Act, because he is not named in the objections as a party who exercised fraud or undue influence. Such contention is without merit. The proponent of a will is always a party to the probate proceeding and upon the filing of objections automatically becomes an adverse party. I hold, therefore, that Louis A. Queen is a proper…