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MATTER OF MELNICK

Nos. 7293, 1814/10.

94 A.D.3d 472 (2012)

942 N.Y.S.2d 45

2012 NY Slip Op 2581

In the Matter of ROSALIN E. MELNICK, Deceased. KEN MILLER et al., Appellants, v. STEVEN MELNICK, Respondent, et al., Additional Objectants.

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

Decided April 5, 2012.

The "plain language" of the release does not support petitioners' assertion of a waiver by objectant of his statutory right to file objections. Contrary to petitioners' contention, there is no evidence of a clear and unambiguous waiver of objectant's right to file objections to the propounded will, as is required to establish relinquishment of a legal right (see Matter of Germans, 74 A.D.3d 636, 637 [2010]; Ring v Printmaking...

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