In re the Estate of Cohen

S. Samuel Di Palco, S.

This is a motion by the. executors for’ summary judgment denying an application to vacate the decreé admitting the will to probate. The applicant, asserting a status as the widow of the deceased, seeks to reopen the probate proceeding alleging that the proponents’ failure to cite her as a distributee constituted a defect fatal to the acquisition of jurisdiction. The executors have filed an answer setting up in bar of the relief sought what purports to be a release by the applicant of whatever rights she had in the estate of the deceased. An agreement of settlement which…