In re the Estate of Riegelman

Maximilian Moss, S.

This is a motion by the administrator with the will annexed to vacate the order for the examination before trial of Elmira Alberry. The order for such examination was based on an oral motion made by the attorney for the respondents Egan and Clark in open court when the proceeding was called for preliminary hearing. The motion was agreed to by all the parties. At the time Elmira Alberry was the executrix of the estate of testatrix and as ,s.uch the petitioner in this discovery proceeding. Since then she has been adjudicated an incompetent, a committee appointed for her…