In taking the proof in respect of these claims, resort was had to subdivision 9 of section 32 of the Surrogate's Court Act. The taking of such proof before a person designated as prescribed therein, in the exercise of discretion, should be confined to situations where there is no contested issue of fact or where section 347 of the Civil Practice Act is validly waived. It should not be used where there is a contested issue of fact, the resolving of which is dependent upon...
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