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MATTER OF FOLEY

199 A.D.2d 672 (1993)

605 N.Y.S.2d 127

In the Matter of The Estate of William J. Foley, Deceased. Florence Messina et al., Respondents; Herbert P. Segarra, as Executor of William J. Foley, Deceased, Appellant

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

December 9, 1993

Crew III, J.

Decedent died a resident of Albany County on July 2, 1988. Respondent thereafter filed a petition for probate of decedent's will, and petitioners Florence Messina and John McNiece, a niece and nephew of decedent, filed objections. Ultimately, a stipulation of settlement was entered into in open court whereby Messina and McNiece agreed to withdraw their objections to probate in exchange for respondent's agreement to pay them $125,000 and,...

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