MATTER OF HAWLEY


6 A.D.2d 594 (1958)

In the Matter of the Probate of The Will of Karolina N. Hawley, Deceased. Hudson R. Hawley, Appellant; Stanley M. Moffat, Respondent

Appellate Division of the Supreme Court of the State of New York, Third Department.

December 10, 1958.


Attorney(s) appearing for the Case

Murphy & Niles (B. Leo Schwarz of counsel), for appellant.

Moffat & Sanford (Walter J. Hogan of counsel), for respondent.

FOSTER, P. J., BERGAN, GIBSON and HERLIHY, JJ., concur.


REYNOLDS, J.

This is an appeal by testatrix' husband from an order of the Fulton County Surrogate dismissing, after a hearing, his petition to withdraw a waiver of citation and consent to probate.

Appellant's wife died on May 9, 1957. The waiver in question was signed and acknowledged by him about three weeks later. The will involved was executed by testatrix in September, 1956. Stanley M. Moffat decedent...

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