Appellate Division of the Supreme Court of New York, 1985

In re the Estate of Boyle

Appellate Division of the Supreme Court of New York · Decided January 28, 1985

107 A.D.2d 807

Cases that cite this one

4 later published cases cite this decision.

In re Hall (Appellate Division of the Supreme Court of New York 1992)
In re Coccia (Appellate Division of the Supreme Court of New York 2009)
Shuboney v. Monroe County Board of Elections (Appellate Division of the Supreme Court of New York 2002)
In re the Estate of Hunter (New York Surrogate's Court 2002)

This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.

Opinion of the Court

— In a proceeding pursuant to the Surrogate’s Court Act to vacate the decree admitting to probate the last will and testament of the decedent, James E. Boyle, on the ground that the waiver of citation had been signed by mistake, petitioner James P. Boyle appeals from an order of the Surrogate’s Court, Dutchess County (Benson, S.), dated April 27, 1984, which, after a hearing, dismissed the proceeding.

Order affirmed, with costs payable personally by the appellant.

*808The evidence at the hearing established that petitioner read the waiver of citation on probate before signing it, and therefore is chargeable with knowledge of its contents and effect. Since neither mistake nor fraud was established, the Surrogate did not err in refusing to vacate the probate decree. Thompson, J. P., Bracken, Brown and Rubin, JJ., concur.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.