In re the Probate of the Will of Draisin

■ John D. Bennett, S.

In this probate proceeding the contestant, by order to show cause, seeks an examination before trial of decedent’s widow, the sole legatee, who takes under the will, and the decedent’s daughter, who was to take under the will only in the event she survived her mother.

By two separate notices of motion the contestant also seeks to examine the proponent of the will and to vacate or modify the proponent’s demand for a bill of particulars.

The widow, being the sole legatee who takes under the will, may be examined as an adverse party (Matter of Smith, 142 Misc. 583; Matter of…