MATTER OF TOOKER


21 A.D.2d 928 (1964)

In the Matter of The Estate of George H. Tooker, Deceased. Joan T. Copley, Appellant; Dominick E. Fraboni et al., Respondents

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

July 2, 1964


HAMM, J.

After admission of the testator's will to probate the appellant applied to the Surrogate's Court for an order vacating and setting aside the decree, revoking letters testamentary and granting leave to her to revoke and withdraw her waiver of citation and consent to probate. This appeal is from the order denying the application. The Acting Surrogate found that there was no fraud either actual or constructive practiced on the appellant and we agree...

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