In re the Estate of Davis

Order denying appellant’s motion to take a deposition upon written interrogatories unanimously affirmed, without prejudice, however, to a renewal of the application for a commission in the event that it should be held that the will has not been revoked and the issue of undue influence becomes critical, with $20 costs and disbursements to the respondents. Concur—■ Breitel, J. P., Botein, Rabin, Prank and Valente, JJ.