In the Matter of the Estate of Walter H. Frutiger, Deceased. Endicott Trust Company, as Executor of Walter H…

Summary

The New York Court of Appeals reversed the Appellate Division and remanded for further proceedings, holding that waivers of citation and consents to probate may be treated as stipulations that can be withdrawn only for good cause such as fraud or mistake. The majority created a new doctrine allowing the Surrogate to consider applications to withdraw such stipulations before a decree, while a dissent argued the waivers are binding and the court lacked authority to alter that rule.