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MATTER OF WILKENS

16 Misc.2d 641 (1950)

In the Matter of the Probate of the Will of Anna Wilkens, Deceased.

Surrogate's Court, Queens County.

March 14, 1950.

Attorney(s) appearing for the Case

Morsch, Godden & Weiboldt for Gertrude Wilkens, petitioner.

James F. Fitzgerald, as special guardian for Charles Keith, an infant.

James Scovell for Martin Wilkens, contestant.

ANTHONY P. SAVARESE, S.

The items upon which the examination is sought are proper and are allowed. The fact that a party to be examined may be incompetent to testify under section 347 of the Civil Practice Act is not a valid ground for refusing to order an examination (Lemlich v. Lemlich, 266 App. Div. 748). There has been a sufficient showing of special circumstances justifying the examination of the...

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