MATTER OF LEVINE


15 Misc.2d 281 (1958)

In the Matter of the Probate of the Will of Samuel J. Levine, Deceased.

Surrogate's Court, Kings County.

November 13, 1958.


Attorney(s) appearing for the Case

Matthew J. Shevlin for widow, contestant, for the motion.

Charles Treibich, as special guardian for incompetent, for the motion.

David L. Wasser, petitioner-executor in person, opposed.

Nathaniel H. Brower for Frank Martin, as coexecutor. opposed.

Chananau & Sereysky for two daughters, coexecutrices. opposed.

Louis J. Lefkowitz, Attorney-General, for Department of Mental Hygiene.


MAXIMILIAN MOSS, S.

Contestant's motion to continue the examination of Louis Lipskin, one of the named coexecutors and trustees, as a subscribing witness is denied. Although examinations pursuant to section 141 of the Surrogate's Court Act are no longer restricted by the statute to be held prior to filing objections (cf. Matter of Feldstein, 133 Misc. 255) and the courts have adopted a liberal attitude...

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