IN THE MATTER OF ESTATE OF GIFFORD


28 A.D.3d 953 (2006)

813 N.Y.S.2d 815

In the Matter of the Estate of CARL GIFFORD, Deceased. DAVID GIFFORD, Appellant. FRANCES GOFF et al., as Coexecutors of CARL GIFFORD, Deceased, Respondents.

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

April 20, 2006.


Crew III, J.

Decedent died in January 2002 and left a will bequeathing his estate to four of his six surviving children—John Gifford and respondents (Frances Goff, Jeanne Gauthier and Michael Gifford). Petitioner and his remaining brother, Henry Gifford, were excluded from decedent's will. In February 2002, petitioner executed a waiver and consent to probate of decedent's will. Thereafter, in or about July 2004, petitioner pro se moved to withdraw the waiver...

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