Decree reversed, on the facts and in the exercise of discretion, with costs to appellants against petitioners, payable by petitioners personally; petitioners' motion for partial summary judgment denied; and said contestants' cross motion granted. In our opinion, it was an improvident exercise of discretion to direct the testatrix' daughters to specifically perform the agreement of compromise allegedly made and recorded in open court (SCPA 2106, subds. 4, 7; Matter of Carstens...
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