MATTER OF MacMONNIES


28 A.D.2d 888 (1967)

In the Matter of The Estate of Alice MacMonnies, Deceased. John P. Farquhar et al., as Coexecutors of Marion J. Farquhar, Deceased, Appellants; Frederick W. Jaeger, Jr., as Executor of Alice MacMonnies, Deceased, Respondent

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

July 10, 1967


This is a proceeding by the executors of the sister of the decedent herein to set aside a waiver of citation and consent to probate executed by the sister, to vacate the decree admitting decedent's will to probate, and to permit appellants to file objections to said will on the ground of fraud. Under all the circumstances, we are of the opinion that the sister's waiver and consent was invalidly obtained, and that there has been a sufficient showing of probable success in...

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