In re the Estate of Hartl

Appellate Division of the Supreme Court of New York

In re the Estate of Hartl

27 A.D.2d 953, 282 N.Y.S.2d 188, 1967 N.Y. App. Div. LEXIS 4376

CourtAppellate Division of the Supreme Court of the State of New York

DecidedApril 24, 1967

StatusPublished

This text of 27 A.D.2d 953 (In re the Estate of Hartl) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

In re the Estate of Hartl, 27 A.D.2d 953, 282 N.Y.S.2d 188, 1967 N.Y. App. Div. LEXIS 4376 (N.Y. Ct. App. 1967).

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Opinion

Order of the Surrogate’s Court, Westchester County, dated September 21, 1966, affirmed, without costs. The proper practice for obtaining the relief desired herein is by petition to vacate the probate decree. In our opinion, it is unnecessary to show a reasonable probability of success in the will contest as a prerequisite to withdrawal of a waiver of citation and consent to probate on the ground that it was obtained by fraud or misrepresentation (Matter of Teller, 277 App. Div. 937, amd. 277 App. Div. 1016). The contestant’s allegations are sufficient to entitle him to a hearing on the issue of the withdrawal of the waiver (Matter of Baldwin, 3 A D 2d 635; Matter of Teller, supra). Beldock, P. J., Christ, Brennan, Rabin and Hopkins, JJ. concur.

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Order of the Surrogate’s Court, Westchester County, dated September 21, 1966, affirmed, without costs. The proper practice for obtaining the relief desired herein is by petition to vacate the probate decree. In our opinion, it is unnecessary to show a reasonable probability of success in the will contest as a prerequisite to withdrawal of a waiver of citation and consent to probate on the ground that it was obtained by fraud or misrepresentation (Matter of Teller, 277 App. Div. 937, amd. 277 App. Div. 1016). The contestant’s allegations are sufficient to entitle him to a hearing on the issue of the withdrawal of the waiver (Matter of Baldwin, 3 A D 2d 635; Matter of Teller, supra). Beldock, P. J., Christ, Brennan, Rabin and Hopkins, JJ. concur.

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Bluebook (online)

27 A.D.2d 953, 282 N.Y.S.2d 188, 1967 N.Y. App. Div. LEXIS 4376, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-the-estate-of-hartl-nyappdiv-1967.