From Casetext: Smarter Legal Research

Matter of Hartl

Appellate Division of the Supreme Court of New York, Second Department
Apr 24, 1967
27 A.D.2d 953 (N.Y. App. Div. 1967)

Opinion

April 24, 1967


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.


Summaries of

Matter of Hartl

Appellate Division of the Supreme Court of New York, Second Department
Apr 24, 1967
27 A.D.2d 953 (N.Y. App. Div. 1967)
Case details for

Matter of Hartl

Case Details

Full title:In the Matter of the Estate of FRANK HARTL, Deceased. FRANK HARTL, SR.…

Court:Appellate Division of the Supreme Court of New York, Second Department

Date published: Apr 24, 1967

Citations

27 A.D.2d 953 (N.Y. App. Div. 1967)