MATTER OF FREILICH


179 Misc.2d 884 (1999)

686 N.Y.S.2d 294

In the Matter of The Estate of Heyman Freilich, Deceased.

Surrogate's Court, Bronx County.

February 22, 1999


Attorney(s) appearing for the Case

Giddins, Claman & Langs, L. L. P. (Paul M. Giddins of counsel), for Rose Miller, petitioner. McMillan, Rather, Bennett & Rigano, P. C. (Donald J. Farinacci of counsel), for Karin Dick and another, respondents.


LEE L. HOLZMAN, J.

The primary issue raised in this motion and cross motion is whether the respondent may be compelled to produce at her examination before trial her own wills and trusts or whether the attorney-client privilege or the confidential, ambulatory nature of the will of a living person protects these documents from disclosure. The court holds that these documents are not protected by the attorney...

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