In re the Probate of the Will of Dexter

John D. Bennett, S.

The motion of Frank R. Dexter for an examination before trial is granted as to all items in the notice. In the absence of special circumstances (Matter of Brady, 273 App. Div. 968; Matter of Cosgro, 153 N. Y. S. 2d 174; Matter of Frank, 165 Misc. 411, 414) the examination will be limited to a period beginning three years immediately prior to June 22, 1951 and extending to two years subsequent to December 1, 1952. Item 4 will be limited to testamentary capacity of the decedent as it bears on the alleged fraud and undue influence (Matter of Coen, 128 N. Y. S. 2d 166).

All…