In re the Estate of O'Dwyer

Delehanty, S.

Deceased left a will making no provision for her husband, who survived her. He elected to take against the will. Some controversies originally existed as to the service of his notice of election but these are now eliminated since counsel for the estate concedes the receipt of such notice. A notice for the examination of certain persons as adverse parties was served by the successor in interest to the surviving spouse and they now move to vacate this notice. The issue thus presented necessitates consideration of the extent to which the court’s discretion will be exercised in…