In re the Estate of Hirsch

O’Brien, S.

This is an application by the contestant of the will under section 141 of the Surrogate's Court Act, for the examination of persons stated by the contestant to be “ material and necessary witnesses.” They are not the subscribing witnesses to the will, and the latter have heretofore been examined by the contestant under the statute above mentioned. It is contended that the examination of the subscribing witnesses shows the necessity of now examining the four persons named in the present petition, one of whom is the executor named in the will, and another of whom is the executor’s…