MATTER OF FRUTIGER


35 A.D.2d 755 (1970)

In the Matter of The Estate of Walter H. Frutiger, Deceased. Endicott Trust Company, as Executor of Walter H. Frutiger, Deceased, et al., Appellants; Ernest D. Frutiger et al., Respondents

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

October 26, 1970


The Surrogate found that even though the waivers of citation were invalid because of a lack of acknowledgment, the failure to acknowledge the waiver did not affect the consent to probate even though they were part of the same instrument, that the instruments were not fraudulently obtained and that the lapse of time between the instruments' execution and filing did not estop the proponents' use of such instruments. We concur in these determinations. The Surrogate, however...

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