In re the Estate of Celantano
New York Surrogate's Court
1Opinion of the Court
John D. Bennett, S.
This is a motion to reopen a probate proceeding by two sons of the decedent. Both sons have executed waivers of citation and a consent to the probate of the will.
Affidavits in opposition have been filed requesting a dismissal of the application, and the matter has been submitted for decision on the papers presented.
Both applicants admit that the prime motivating factor in their signing the waiver was their desire to ‘1 keep peace in the family ”, even though they allege that at the time they signed the instruments they were not aware of their significance.
A waiver duly…
2Cases cited1 opinion
- In re the Probate of Will of SturgesNew York Surrogate's Court · 1960
3Cited by3 opinions
- In Re Estate of FrutigerNew York Court of Appeals · 1971
- In re the Estate of HunterNew York Surrogate's Court · 2002
- In Re Estate of FrutigerNew York Court of Appeals · 1971