In re the Probate of the Will of Ajello

Appellate Division of the Supreme Court of New York

In re the Probate of the Will of Ajello

10 A.D.2d 826, 200 N.Y.S.2d 348, 1960 N.Y. App. Div. LEXIS 10642

CourtAppellate Division of the Supreme Court of the State of New York

DecidedApril 12, 1960

StatusPublished

This text of 10 A.D.2d 826 (In re the Probate of the Will of Ajello) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

In re the Probate of the Will of Ajello, 10 A.D.2d 826, 200 N.Y.S.2d 348, 1960 N.Y. App. Div. LEXIS 10642 (N.Y. Ct. App. 1960).

Pincite

Opinion

Order unanimously affirmed on the law and in the exercise of discretion, with $20 costs and disbursements payable out of the estate to all parties filing briefs. In affirming the order, we call attention to the scope of the .examination permitted under item 9, which may well encompass relevant matter otherwise seemingly excluded by the examination of items 5 to 8. That item provides for an examination into all the relevant facts and circumstances relating to the issues raised by each objection. In that respect it conforms to the practice adopted in the Supreme Court for examinations before trial and obviates the need for the items stricken by the Surrogate. Concur.— Botein, P. J., Breitel, M. M. Prank, Valente and McNally, JJ.

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Order unanimously affirmed on the law and in the exercise of discretion, with $20 costs and disbursements payable out of the estate to all parties filing briefs. In affirming the order, we call attention to the scope of the .examination permitted under item 9, which may well encompass relevant matter otherwise seemingly excluded by the examination of items 5 to 8. That item provides for an examination into all the relevant facts and circumstances relating to the issues raised by each objection. In that respect it conforms to the practice adopted in the Supreme Court for examinations before trial and obviates the need for the items stricken by the Surrogate. Concur.— Botein, P. J., Breitel, M. M. Prank, Valente and McNally, JJ.

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Bluebook (online)

10 A.D.2d 826, 200 N.Y.S.2d 348, 1960 N.Y. App. Div. LEXIS 10642, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-the-probate-of-the-will-of-ajello-nyappdiv-1960.