In re Proving the Last Will & Testament of Kelly

Appellate Division of the Supreme Court of New York

In re Proving the Last Will & Testament of Kelly

219 A.D. 744

Appellate Division of the Supreme Court of the State of New York·Decided January 15, 1927·No. Appeal No. 2·Published

Opinion

Order of the Surrogate’s Court of Queens county, which denied in part proponent’s motion for a bill of particulars, modified so as to require contestant to give a bill of particulars of the time or times and the place or places where the contestant claims undue influence was exercised upon the decedent, and the time or times and the place or places where contestant claims duress was practiced upon the decedent, as specified in proponent’s demand, subdivisions (c) and (f). K contestant has not this knowledge, she should so state. As so modified, the order is affirmed, without costs. Kelly, P. J., Manning, Young, Kapper and Lazansky, JJ., concur.

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Order of the Surrogate’s Court of Queens county, which denied in part proponent’s motion for a bill of particulars, modified so as to require contestant to give a bill of particulars of the time or times and the place or places where the contestant claims undue influence was exercised upon the decedent, and the time or times and the place or places where contestant claims duress was practiced upon the decedent, as specified in proponent’s demand, subdivisions (c) and (f). K contestant has not this knowledge, she should so state. As so modified, the order is affirmed, without costs. Kelly, P. J., Manning, Young, Kapper and Lazansky, JJ., concur.

In re Proving the Last Will & Testament of Kelly, 219 A.D. 744 (N.Y. Ct. App. 1927).

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