In the Matter of Proving the Last Will & Testament of MacGready

Appellate Division of the Supreme Court of New York

In the Matter of Proving the Last Will & Testament of MacGready

235 A.D. 622

Appellate Division of the Supreme Court of the State of New York·Decided January 15, 1932·No. Appeal No. 2·Published

Opinion

Order of the Surrogate’s Court of Queens county limiting examination before trial reversed on the facts, without costs, and motion denied, the court being of opinion that upon the issue of undue influence the period of limitation was improper. Order striking out paragraph from affidavit as scandalous and defamatory affirmed, without costs. Examination to proceed on five days’ notice at the place and hour stated in the notice of examination. Lazansky, P. J., Young, Kapper, Carswell and TompMns, JJ., concur.

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Order of the Surrogate’s Court of Queens county limiting examination before trial reversed on the facts, without costs, and motion denied, the court being of opinion that upon the issue of undue influence the period of limitation was improper. Order striking out paragraph from affidavit as scandalous and defamatory affirmed, without costs. Examination to proceed on five days’ notice at the place and hour stated in the notice of examination. Lazansky, P. J., Young, Kapper, Carswell and TompMns, JJ., concur.

In the Matter of Proving the Last Will & Testament of MacGready, 235 A.D. 622 (N.Y. Ct. App. 1932).

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