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MATTER OF FRUTIGER

29 N.Y.2d 143 (1971)

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

Court of Appeals of the State of New York.

Decided July 6, 1971.

Attorney(s) appearing for the Case

Eugene C. Gerhart and Thomas W. Ryan for appellants.

James B. Gitlitz and Harold R. Evans, Jr. for Endicott Trust Company, respondent.

Alexis Russin, in person, guardian ad litem for infant legatees and certain unknown persons, respondent.

Chief Judge FULD and Judges SCILEPPI, BERGAN, BREITEL and JASEN concur with Judge GIBSON; Judge BURKE dissents and votes to affirm in a separate opinion.

GIBSON, J.

The issue is whether the Surrogate's Court properly set aside appellants' waivers of citation and consents to the probate of the propounded will and codicils, so as to permit appellants to pursue their objections to probate. The case is one of first impression.

The appellants, who were decedent's brothers and his only distributees, met, following decedent's funeral on June 24, 1965, in Endicott...

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