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

Ketcham, S.

The surrogate’s decree refusing probate has been reversed on appeal; and a trial in the Supreme Court before a jury, of certain specific questions embracing the matters essential to probate, has been ordered.

In preparation for such trial, and in reliance upon section 2618 of the Code of Civil Procedure, the contestant now asks the court to designate witnesses “ whose testimony the surrogate is satisfied may be material.” In a case governable by the section cited the effect of such designations is that the contestant may, by notice, require the examination of such witnesses and that…