Opinion
June 17, 1952.
Present — Peck, P.J., Callahan, Van Voorhis, Heffernan and Bergan, JJ.
Order unanimously affirmed, with $20 costs and disbursements to respondents. The order should be construed as providing for the examination of the defendant Abberley, as executor, as limited in Tolnai v. Craven ( 279 App. Div. 891). If there is a desire to examine said Abberley individually, an application must be made to examine him as a witness. The date for the examination to proceed shall be fixed in the order. Settle order on notice.