In Re Estate of Frutiger

Burke, J. (dissenting).

This is a proceeding to dismiss objections based upon the existence of waivers of citation and consents to probate. The Surrogate denied the motion to dismiss and the Appellate Division reversed and granted the motion to dismiss the objections.

The order of the Appellate Division should be affirmed. The waivers and consents executed by appellants are binding and make them ineligible to file objections.

This court has no original jurisdiction. All its business is appellate review. The existing limitation upon these appellate powers affect the nature and the scope of the…