MATTER OF HARRISON


44 A.D.2d 380 (1974)

In the Matter of The Estate of Max Harrison, Deceased. David Wiener et al., Appellants; Harold M. Harrison et al., Respondents

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

May 13, 1974.


Attorney(s) appearing for the Case

Sassower & Postel (Jay Leo Rothschild and Sanford Postel of counsel), for appellants.

Harold M. Harrison, respondent in person, and for Bertha Harrison and others, respondents.

Joseph T. P. Sullivan (Irving J. Seaver of counsel), guardian ad litem for Glenn Harrison and others, respondents.

COHALAN, CHRIST, BENJAMIN and MUNDER, JJ., concur.


SHAPIRO, Acting P. J.

The Surrogate, by the decree judicially settling the final account of the executors of the will of Max Harrison, held that the appellants were bound by the terms of a stipulation of settlement to which they were not parties and he accordingly dismissed their motion to vacate certain terms of the settlement. We disagree and therefore reverse.

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