In re the Probate of the Will of Silagye

S. Samuel Di Falco, S.

This is a motion by the contestant in a probate proceeding to vacate a notice of examination before trial served by the proponent. The contestant, sister of deceased, has objected to probate on grounds of execution, testamentary capacity and fraud and undue influence. The notice of examination requires the contestant to submit to examination as to “ All the relevant facts and circumstances relating to the issues raised by * '* * [each] objection of the ” contestant. Contestant moves to vacate this notice of examination.

The contestant’s principal contention is that…