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IN THE MATTER OF BRYER

2565, 583/94.

72 A.D.3d 532 (2010)

901 N.Y.S.2d 160

In the Matter of the Estate of ELSA K. BRYER, Deceased. ELLIOTT K. BRYER, Appellant; THE BANK OF NEW YORK et al., Respondents.

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

Decided April 20, 2010.

A party seeking to set aside a decree admitting a will to probate entered upon his or her consent bears the initial burden of articulating a claim of good cause to set aside the waiver based upon a showing that such consent was obtained by fraud or overreaching, was the product of misrepresentation or misconduct, or other sufficient cause that justifies the reopening of the decree (see Matter of Frutiger, 29 N.Y.2d 143 [1971...

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