Order affirmed, with costs to all parties filing briefs, payable out of the estate.
We are of the opinion that a person for whose benefit section 17 of the Decedent Estate Law was intended may waive his rights under the statute (Matter of Hills, 264 N.Y. 349; Amherst Col. v. Ritch, 151 N.Y. 282; Matter of Stilson, 85 App. Div. 132). Nevertheless, we find that the alleged failure of the petitioners to perform their filial duties toward their father...
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