MATTER OF BOYHAN


27 Misc.2d 770 (1960)

In the Matter of The Estate of Agnes Boyhan, Deceased.

Surrogate's Court, New York County.

November 23, 1960


Attorney(s) appearing for the Case

Michael C. Gray, petitioner in person. Burstein & Agate for Catherine Walsh, respondent. Davis Polk Wardwell Sunderland & Kiendl for Dry Dock Savings Bank, respondent.


JOSEPH A. COX, S.

In this discovery proceeding the respondent has moved for an order vacating the petitioner's demand for a bill of particulars or, in the alternative, modifying such demand. The movant contends that the demand is improper because the executor has the burden of proof in respect of matters referred to in the demand and because the demand calls for evidentiary facts.

The petition in this...

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