Legal Opinion
In re Hall
Appellate Division of the Supreme Court of the State of New York
Decided July 20, 1992PublishedCited by 9 opinions
1Opinion of the Court
In a probate proceeding, the objectant Stanley Thompson appeals from an order of the Surrogate’s Court, Westchester County (Brewster, S.), dated March 27, 1990, which denied his motion to vacate a decree of the same court dated June 22, 1987, admitting the decedent’s will to probate.
Ordered that the order is affirmed, with costs payable by the appellant personally.
"A party seeking to set aside a probate decree entered upon his consent must show that such consent was obtained by fraud or overreaching (Matter of Frutiger, 29 NY2d 143), was the product of misrepresentation or misconduct (Matter…
2Cases cited5 opinions
- In Re Estate of FrutigerNew York Court of Appeals · 1971
- In re WestbergAppellate Division of the Supreme Court of the State of New York · 1938
- In re the Estate of LeeperAppellate Division of the Supreme Court of the State of New York · 1976
- In re the Probate of the Will of HindersonNew York Surrogate's Court · 1956
- In re the Estate of BoyleAppellate Division of the Supreme Court of the State of New York · 1985
3Cited by9 opinions
- Rochelle S. Moser v. Anne Sisko Pollin, Irvin Pollin, Hyman Sisko, and George M. CerroneCourt of Appeals for the Second Circuit · 2002
- In re the Estate of OrlowskiAppellate Division of the Supreme Court of the State of New York · 2001
- In re CocciaAppellate Division of the Supreme Court of the State of New York · 2009
- In re the Estate of HunterNew York Surrogate's Court · 2002
- In re the Estate of SiskoAppellate Division of the Supreme Court of the State of New York · 2000
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