Since my last article, the Surrogate’s Courts have been busy issuing decisions on a wide assortment of subjects ranging from pre-action disclosure, gifts, the scope of deposition testimony, and vacatur of decrees. Because variety is the spice of life, this article will address these topics and more for your holiday reading pleasure.
Pre-Action Disclosure
The petitioner, a co-executor of the estates of a deceased husband and wife, filed an application with the court requesting an order permitting pre-action disclosure pursuant to CPLR 3102 (c). Specifically, the petitioner sought the deposition of the attorney-draftsman of the decedents’ wills for ultimate use in a construction proceeding of the instruments. The petitioner further requested an order that neither the examination nor the construction proceeding would trigger the in terrorem clauses in the wills.
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