MATTER OF ROSENKRANTZ


5 Misc.2d 308 (1956)

In the Matter of The Estate of Mollie Rosenkrantz, Deceased.

Surrogate's Court, Kings County.

November 14, 1956.


Attorney(s) appearing for the Case

Herman L. Brutten for respondents.

Mortimer J. Levie and Samuel Schacter for petitioner.


MAXIMILIAN MOSS, S.

This is a motion by the respondents, in a discovery proceeding to vacate an order made on September 24, 1956, which required them to submit to an inquiry under section 205 of the Surrogate's Court Act, claiming the allegations of the petition are insufficient. The movants claim that the petition upon which the order is based is founded upon no proof, that the proceeding is not available for a fishing expedition and that no proof was...

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