In re the Estate of Foley

Appeal from an order and judgment of the Surrogate’s Court of Albany County (Marinelli, S.), entered March 18, 1992, which, inter alia, granted petitioners’ application to execute against assets of the estate of William J. Foley.

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…