Legal Opinion
In re the Estate of Kaplan
New York Surrogate's Court
Decided July 2, 1948PublishedCited by 4 opinions
1Opinion of the Court
Collins, S.
The motion to vacate item (a) of the notice of examination before trial is denied. The court interprets the subject matter of the examination as all transactions and conversations relevant to the issues raised in the objections. It is not necessary for contestant to enumerate in detail all the matters sought to be inquired into. (Matter of Frank, 165 Misc. 411, 414.) The period covered in the proposed examination is reasonable. (Matter of Frank, supra; Matter of Dalton, 185 Misc. 785.) The mental capacity of the decedent is a proper subject of the examination before trial. (Matter…
2Cases cited7 opinions
- Marie Dorros, Inc. v. Dorros Bros.Appellate Division of the Supreme Court of the State of New York · 1948
- In re RuefAppellate Division of the Supreme Court of the State of New York · 1917
- In re the Estate of FrankNew York Surrogate's Court · 1937
- Schmoll Fils Associated, Inc. v. Baltic America Line, Inc.Appellate Division of the Supreme Court of the State of New York · 1931
- In re the Probate of the Will of DaltonNew York Surrogate's Court · 1945
2 more not listed; retrieve them via the Exa API.
3Cited by4 opinions
- In re the Probate of the Will of CarllNew York Surrogate's Court · 1951
- In re the Probate of the Will of VeederNew York Surrogate's Court · 1957
- In re the Estate of GorenNew York Surrogate's Court · 1952
- In re the Probate of the Will of EschenNew York Surrogate's Court · 1959