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  5. 38 A.D.2d 788 (1972)
 

MATTER OF REYNOLDS

38 A.D.2d 788 (1972)

In the Matter of the Probate of The Will of A. Harrison Reynolds, Deceased. George L. Maltby et al., Appellants; De Ette S. Johnson, Respondent

Appellate Division of the Supreme Court of the State of New York, Fourth Department.

January 20, 1972

Order unanimously modified in accordance with the memorandum and as modified affirmed, with costs to appellants-contestants payable out of the estate.

Memorandum:

Based upon the liberalization of pretrial practice permitting examinations before trial without restriction with respect to burden of proof (see Marie Dorros, Inc. v. Dorros Bros., 274 App. Div. 11; CPLR 3101, subd. [a]), the Surrogate ordered the contestants to comply with paragraph Third...

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