Applegate v. Drake — 118 N.Y.S. 1093

Majority

p. 1093

APPLEGATE et al., Respondents, v. DRAKE, Appellant, et al.

(Supreme Court, Appellate Division, Second Department.

October 23, 1909.)

Headnote

Action by Frank E. Apple-gate and another, against Ida Applegate Drake, impleaded.

Order modified, so as to limit the examination to the following matters: (1) Whether the paper purporting to be the last will and testament of Joseph Applegate, deceased, is in the defendant Drake’s handwriting. (2) If not, who drafted the alleged will before the same was copied, if the defendant Drake knows ? (3) Any conversations between the defendant Drake and the testator in relation to the will, and everything which the defendant Drake heard said by the testator in connection therewith which is material to the controversy—and, as thus modified, affirmed, without costs, on the authority of Schweinburg v. Altman, 131 App. Div. 795 , 116 N. Y. Supp. 318 .

HIRSCHBERG, P. J., votes to affirm the order.