Legal Opinion

In re Proving the Last Will & Testament of Kelly

Appellate Division of the Supreme Court of the State of New York

Decided January 15, 1927No. Appeal No. 1Published

1Opinion of the Court

Order of the Surrogate’s Court of Queens county denying proponent’s motion to vacate notice of examination before trial reversed upon the law, with ten dollars costs and disbursements, and motion granted, with ten dollars costs. We think the notice of examination was insufficient in that it failed to state the matters on which contestant sought the examination. (Rogers v. Gould, 206 App. Div. 433; Matter of Hodgman, 113 Misc. 215; Matter of Levy, 198 App. Div. 773.) Kelly, P. J., Manning, Young, Kapper and Lazansky, JJ., concur.

2Cases cited3 opinions

  1. In re the Estate of HodgmanNew York Surrogate's Court · 1920
  2. In re the Probate of the Last Will & Testament of LevyAppellate Division of the Supreme Court of the State of New York · 1921
  3. Rogers v. GouldAppellate Division of the Supreme Court of the State of New York · 1923