Majority
p. 843In the Matter of the Petition of Frederick R. Ryan, Appellant, to Prove the Last Will and Testament of Walter F. Sykes, Late of the County of Kings, Deceased. Anthony F. Tuozzo, Special Guardian of Madge Sykes and Others, Respondent.—
Order denying motion to vacate notice served by contestants to take the testimony of Mrs. Suzanne Sykes, a witness, in Paris, reversed on the law and facts, with ten dollars costs and disbursements, and motion granted, without costs. The facts stated in the affidavit to secure an oral examination of the witness in Paris are insufficient to warrant the deposition on oral interrogatories. Blackmar, P. J., Kelly, Jaycox, Kelby and Young, JJ., concur.