In re the Probate of the Will of Tanner

Franklyn Ellenbogen for Madeleine Berkman, beneficiary.

Delehanty, S.

By decision in Matter of Korn (265 App. Div. 987), the practice which theretofore had been followed of denying to objeetant who alleged undue influence-a right of examination into the mental capacity of the deceased at the time of the execution and publication of the propounded will was held invalid and an examination by a contestant into that subject matter was allowed. In the Korn case (supra) the objections were in the usual form. An application was made to obtain an order for the examination of the proponents and on that…