MATTER OF HICKEY


7 A.D.2d 932 (1959)

In the Matter of the Construction of The Will of Isabell F. Hickey, Deceased. Leroy F. Hickey et al., Appellants; Eleanor C. H. Riel, Respondent

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

February 24, 1959


Order reversed on the law, with $10 costs and disbursements, and petition dismissed. The findings of fact are affirmed.

Respondent was adopted by the testatrix and her husband in 1920. In 1927 the foster parents, respondent and respondent's father executed an agreement to abrogate the adoption; the matter was examined and approved by the Surrogate who duly indorsed his consent upon such agreement. The original abrogation papers (the agreement and consent) were filed...

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