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

Summary

The Court held that a waiver of citation and consent to probate is a stipulation that cannot be withdrawn without a showing of fraud, mistake or other good cause, and therefore reversed the Appellate Division’s dismissal of the objections and remanded for further proceedings. The dissent argued that the waivers were binding and the majority should have affirmed the lower court’s dismissal.