MATTER OF WOLFLE


46 Misc.2d 808 (1965)

In the Matter of The Estate of Lee A. Wolfle, Deceased.

Surrogate's Court, Erie County.

May 27, 1965


Attorney(s) appearing for the Case

Phillips, Mahoney, Lytle, Yorkey & Letchworth (William A. Bain, Jr., of counsel), for proponent. George J. Saab and John J. Olszewski for contestant.


WILLIAM J. REGAN, S.

The contestant herein has asked for a preliminary examination of the subscribing witnesses under section 141 of the Surrogate's Court Act. The proponent, by its attorney in open court, advised the Surrogate that one of the witnesses sought to be examined is recalcitrant and has refused his several requests to appear.

The proponent's position is that if, as it appears here, it becomes...

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