On December 7, 1956, petitioner obtained an ex parte order to perpetuate his testimony for the purpose of filing a claim or commencing an action against the estate of his deceased son. The petition was predicated upon the age and physical condition of the applicant. Concededly, at the time the petition was verified and the order signed, the applicant was unaware of the death of his son. It is urged that the information was withheld to avoid the serious consequences upon the...
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