MATTER OF MELCHER


54 A.D.2d 830 (1976)

In the Matter of The Estate of Susan H. Melcher, Deceased. Susan H. Osborne et al., Appellants; United States Trust Company et al., Respondents

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

November 4, 1976


Unanimously affirmed, without costs and without disbursements.

Essentially, this appeal represents an attack upon a stipulation of settlement of a proceeding involving the question of the testator's competence at the time that her will was made. Each side was possibly vulnerable to a certain extent and a jury had been sworn to try the issues tendered. The stipulation was advantageous to all concerned. The Surrogate was correct in holding that the fiduciary named in...

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