MATTER OF GELBERG


23 Misc.2d 107 (1960)

In the Matter of the Probate of the Will of Mollie Gelberg, Deceased.

Surrogate's Court, Nassau County.

May 26, 1960.


Attorney(s) appearing for the Case

Lapin & Jacobson (Philip Reich of counsel), for proponent.

Kaplan & Zabronsky (Abraham Kaplan of counsel), for contestant.

Louis A. Friedman, special guardian for Barry Gelberg and another, infants.


JOHN D. BENNETT, S.

This is a motion in a contested probate proceeding to vacate a notice of examination of Milton Jacobson, an attorney, served by the contestants.

Milton Jacobson asserts that his relationship with the decedent was that of attorney and client, and that the testimony sought herein is privileged under section 353 of the Civil Practice Act.

While Mr. Jacobson was the attorney who...

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