In re the Estate of O'Sullivan

Wingate, S.

The practice adopted in this proceeding of attempting, in effect, to try an action in replevin in the absence of the court or any other person possessing authority to rule upon the admissibility of testimony and the propriety of questions is strongly to be deprecated. The resulting record is almost invariably a hedge podge, interspersed with irrelevant discussions and gaps in the testimony resulting from unadjudicated objections. Not infrequently the conduct of the examination degenerates into a cacophony of sounds upon which adequate determination of merits becomes difficult if…