In re the Probate of the Will of Mars

Tailor, S.

In this contested probate proceeding the special guardian has also filed objections attacking the manner of execution of decedent’s will and her competency to make a will. The burden of proof upon both of these points lies with the proponent, and for that reason the proponent claims the right to examine the special guardian thereon before trial. The question of whether or not a special guardian may be examined before trial as a party, appears not to have been determined in any reported decision.

Examinations before trial in Surrogates ’ Courts are governed by the appropriate…