Opinion
January 22, 1962
In a proceeding to judicially settle the intermediate account of a life tenant under the will of the testator, Richard Helmers, deceased, the life tenant, who is testator's widow, appeals from an order of the Surrogate's Court, Westchester County, dated June 9, 1961, which granted the motion of the remainderman, John R. Helmers, who is testator's son, to examine her — the life tenant, pursuant to sections 263 and 261-a of the Surrogate's Court Act. Order modified by striking out from the first decretal paragraph the words "the extent of other assets owned by the Life Tenant and/or available to her, and any other matters pertinent thereto". As so modified the order is affirmed, without costs; the examination to proceed on 10 days' written notice or on any other date mutually fixed by the parties. In our opinion, the order was too broad. As modified, the order is sufficient to permit the remainderman to examine the life tenant with respect to the matters which are material and necessary in order to frame his objections, if any, to her account. Beldock, P.J., Ughetta, Kleinfeld, Christ and Brennan, JJ., concur.