In re the Estate of Britsch

Foley, S.

The application for an order vacating notice of taking deposition is denied. I hold that an examination before trial of an executor, sought to be removed, may be had in this court. The main issue directed to be heard and determined in the present proceeding is whether or not the executor and trustee should be removed. For the purpose of expediting the trial of the serious charges made against the executor, my intermediate order directed that the issue of revocation be tried in advance of the accounting, although both forms of relief were demanded in a single proceeding. Sections 288…