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MATTER OF BOYLE

205 Misc. 497 (1954)

In the Matter of the Probate of The Will of Mary E. Boyle, Deceased.

Surrogate's Court, Broome County.

February 25, 1954.

Attorney(s) appearing for the Case

Boris Schneeberg for Joseph Boyle, proponent, respondent on the motion.

John H. Weidner, special guardian for Rosalie D'Angelo, an infant, respondent.

Robert L. Sweeney for St. Mary's Roman Catholic Orphan Asylum of Binghamton, respondent.

Miles B. Amend for Christian Brothers Institute, respondent.

Charles V. Scanlan and Miles B. Amend for House of Calvary, respondent.

Anthony Fischette, contestant in person, for the motion.

Alfred W. Burkhart for Alexander A. D'Angelo, respondent.

PAGE, S.

In this contested probate proceeding, one of the objectants, Anthony Fischette, has obtained an order to show cause why the proponent, Joseph Boyle, should not be examined before trial pursuant to the provisions of section 288 of the Civil Practice Act. The movant seeks such examination, preparatory to the trial of his objection to probate by reason of fraud and undue influence alleged to have been exercised...

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