In re the Estate of Boyhan

Joseph A. Cox, S.

In this discovery proceeding the respondent has moved for an order vacating the petitioner’s demand for a hill of particulars or, in the alternative, modifying such demand. The movant contends that the demand is improper because the executor has the burden of proof in respect of matters referred to in the demand and because the demand calls for evidentiary facts.

The petition in this proceeding alleges that the moneys which are the subject of the proceeding were transferred from a savings bank account of the decedent to bank accounts in the name of the respondent. The answer…