Bull v. Kendrick
New York Surrogate's Court
Cross applications for issuance of open commission, and commission upon written interrogatories, in a special proceeding instituted for the probate of decedent’s will.
1Opinion of the Court
The Surrogate.
The proponent of an instrument lately offered for probate, as this decedent’s will, prays that a commission be issued for the examination, upon written interrogatories, of its subscribing witnesses, who reside in the state of Illinois. The objectors to *331the probate of the paper propounded have appeared upon this motion, and asked that, in case of the issuance of a commission, they be granted the opportunity for oral cross-examination of the witnesses. The discretionary authority to permit such a course is conferred upon certain courts of record by § 893 of the Code of Civil…
2Cases cited2 opinions
- Doughty v. StillwellNew York Surrogate's Court · 1850
- Beckwith v. . BrackettNew York Court of Appeals · 1884