From Casetext: Smarter Legal Research

Matter of Weston

Appellate Division of the Supreme Court of New York, First Department
Jan 17, 1961
12 A.D.2d 745 (N.Y. App. Div. 1961)

Opinion

January 17, 1961


Order, entered on October 4, 1960, limiting the examination of the proponent to a period of three years prior to the execution of the propounded will to the date of decedent's death, unanimously affirmed, with $20 costs and disbursements to respondent, without prejudice, however, to an application by the contestants for a further examination if, upon completion of the examination ordered, facts and circumstances are advanced indicating the necessity for preliminary inquiry into relevant events antedating the three-year period. Under the circumstances disclosed by the present record, the Surrogate properly exercised his discretion in imposing the time limitation generally followed in these matters. Settle order on notice fixing date for examination to proceed.

Concur — Botein, P.J., Valente, Stevens, Eager and Bergan, JJ.


Summaries of

Matter of Weston

Appellate Division of the Supreme Court of New York, First Department
Jan 17, 1961
12 A.D.2d 745 (N.Y. App. Div. 1961)
Case details for

Matter of Weston

Case Details

Full title:In the Matter of the Probate of the Will of PAULINE S. WESTON, Deceased…

Court:Appellate Division of the Supreme Court of New York, First Department

Date published: Jan 17, 1961

Citations

12 A.D.2d 745 (N.Y. App. Div. 1961)

Citing Cases

Matter of Stanley

The motion for a protective order is, therefore, denied, and the executors are directed to appear and be…