In re the Probate of the Will of Danielson

John D. Bennett, S.

Motion in this probate proceeding for an examination before trial without the State on written interrogatories. The movant has appeared specially in this proceeding to challenge the jurisdiction of the court over the subject matter, on the alleged ground that the decedent was not a resident of this county at the time of her death. He cites the recent case of Matter of Sakel (9 A D 2d 763, affg. 19 Misc 2d 110) and other cases as authority for the proposition that an examination may be had in this court on a preliminary issue which, in the Sahel case, was one of status.

The…