In re the Probate of the Will of Miceli

Moss, S.

The proponent moves for summary relief obtainable under rule 113 of the rules of Civil Practice, for an order admitting the propounded instrument to probate and disposing of the special guardian’s objections, or in the alternative reserving determination of the objections for future consideration (Matter of Pascal, 309 N. Y. 108).

The special guardian’s objections to probate and opposition to this motion are based upon the existence of a written agreement by the decedent and proponent, her husband, to execute mutual or reciprocal wills embodying certain provisions therein set forth. It…