In re the Estate of Kelly

Pierson B. Hildreth, S.

This is a motion to vacate a notice of examination before trial of an executor as an adverse party. The proceeding is one to construe decedent’s will, and was instituted by the executor acting solely in his representative capacity. The will was drawn by the executor, a layman, and he is also a subscribing witness. Several phrases or clauses of *1034the will would appear to he subject to interpretation and clarification, and a main question would appear to be whether the will makes an effective disposition of the residuary estate.

The corporate respondents, legatees, which…