MATTER OF KELLY


33 Misc.2d 16 (1962)

In the Matter of The Estate of John W. Kelly, Deceased.

Surrogate's Court, New York County.

February 5, 1962


Attorney(s) appearing for the Case

Morton Brauer for John R. Kelly, petitioner, Florynce R. Kennedy for Evelyn Armstrong, respondent.


JOSEPH A. COX, S.

In this proceeding to revoke letters testamentary, the trial is in progress before this Court and a number of hearings have been held. Fourteen days before the date upon which a further hearing is to be held, the petitioner served a notice to admit facts pursuant to section 322 of the Civil Practice Act. The respondent, a coexecutrix, has moved for an order "requiring petitioner to withdraw the notice to admit for the reason that it...

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