In re the Estate of Calascione

Kleinfeld, Brennan and Benjamin, JJ., concur; Martuseello, Acting P. J., concurs in the reversal of the decree, but otherwise dissents and votes to remand the proceeding to the Surrogate’s Court for proceedings not inconsistent with the following memorandum, in which Latham, J., concurs: The record below is clear that an agreement to compromise was fully stated by the stipulation entered into by the parties herein and placed on the record at the hearing conducted in open court before the Acting Surrogate on March 13, 1968. By this agreement, the parties expressed their desire to settle and…