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In re the Estate of Davis

2 A.D.2d 880 Court N.Y. App. Div. Decision date 1956-11-07 English

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p. 880
In the Matter of the Estate of Marie S. Davis, Deceased. In the Matter of the Probate of the Will of Marie S. Davis, Deceased. Charlotte Stoessinger, Appellant; Oscar Stoessinger et al., Respondents.

Order denying appellant’s motion to take a deposition upon written interrogatories unanimously affirmed, without prejudice, however, to a renewal of the application for a commission in the event that it should be held that the will has not been revoked and the issue of undue influence becomes critical, with $20 costs and disbursements to the respondents. Concur—■ Breitel, J. P., Botein, Rabin, Prank and Valente, JJ.