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MATTER OF BERGOLD

34 Misc.2d 375 (1962)

In the Matter of The Estate of Honor G. Bergold, Deceased.

Surrogate's Court, Nassau County.

May 31, 1962

Attorney(s) appearing for the Case

William M. Hecht and Philip M. Smith for William R. Bergold, petitioner. Gerald J. Barre for Thomas F. Straussner, executor, respondent. Owen B. McBride, special guardian for Nancy Bergold and another, infants, respondent.

JOHN D. BENNETT, S.

In this proceeding to set aside the decree of this court dated June 26, 1959, admitting to probate a will of the decedent dated March 19, 1957, petitioner herein, a son of the decedent, has served a notice to examine Gerald J. Barre, Esq., attorney for the respondent executor, as an adverse party and hostile witness.

Gerald J. Barre has moved this court for an order vacating said notice to examine and has also moved for an...

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