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MATTER OF BOYLE

107 A.D.2d 807 (1985)

In the Matter of The Estate of James E. Boyle, Deceased. James P. Boyle, Also Known as Pat Boyle, Appellant; Estate of James E. Boyle, Respondent

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

January 28, 1985

Order affirmed, with costs payable personally by the appellant.

The evidence at the hearing established that petitioner read the waiver of citation on probate before signing it, and therefore is chargeable with knowledge of its contents and effect. Since neither mistake nor fraud was established, the Surrogate did not err in refusing to vacate the probate...

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