General
In the Matter of the Probate of the Last Will and Testament of Emma B. Johnson, Deceased, as a Will of Real and Personal Property; In the Matter of the Application of Norman W. Roe for an Order Requiring Katherine Gibbons Martin to Attend and Be Examined Regarding a Testamentary Instrument of Emma B. Johnson, Deceased, under Section 137, Surrogate's Court Act; In the Matter of the Application of Norman W. Roe for an Order Requiring Wanda Rogers to Attend and Be Examined Regarding a Testamentary Instrument of Emma B. Johnson, Deceased, under Section 137, Surrogate's Court Act. Norman W. Roe, Petitioner, Appellant; Norma Dare Owen and George R. Dare, Respondents
263 A.D. 709·New York Supreme Court, Appellate Division·1941·NY
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Opinion
In the Matter of the Probate of the Last Will and Testament of Emma B. Johnson, Deceased, as a Will of Real and Personal Property. In the Matter of the Application of Norman W. Roe for an Order Requiring Katherine Gibbons Martin to Attend and Be Examined Regarding a Testamentary Instrument of Emma B. Johnson, Deceased, under Section 137, Surrogate’s Court Act. In the Matter of the Application of Norman W. Roe for an Order Requiring Wanda Rogers to Attend and Be Examined Regarding a Testamentary Instrument of Emma B. Johnson, Deceased, under Section 137, Surrogate’s Court Act. Norman W. Roe, Petitioner, Appellant; Norma Dare Owen and George R. Dare, Respondents.
[MAJORITY]
Orders unanimously reversed and the motions granted. No opinion. The date for the examination to proceed to be fixed in the order. Settle order on notice. Present — Martin, P. J., O’Malley, Townley, Glennon and Untermyer, JJ.