In re the Estate Collins

S. Samuel Di Falco, S.

In the pending application to determine status of the alleged widow of decedent and for other relief respondent moves to vacate a notice of her examination before trial by the executors as an adverse party ‘ ‘ with respect to the relevant and material allegations of fact put in issue by the pleadings.” The form of notice is proper (Rules Civ. Prac., rule 121-a, as amd.). Respondent urges (1) that examinations before trial are not allowed in matrimonial actions unless special circumstances are shown, and (2) that the granting of a motion to vacate a notice of examination…