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In re Heller

255 A.D. 993 Court N.Y. App. Div. Decision date 1938-12-16 English

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p. 993
In the Matter of the Petition of Annie Heller and Mitchell M. Heller, as Executors and Trustees, etc., of George Heller, Deceased, Respondents, to Prove the Last Will and Testament of George Heller, Late of the County of Kings, Deceased. Bernard Heller, Petitioner, Appellant.

The petitioner, one of the sons of the testator, George Heller, deceased, executed a waiver and consent to admit the will to probate. Two months after probate he petitioned the court for leave to withdraw and cancel the waiver and to make objections to the probate of the will. Order of the Surrogate’s Court of Kings county denying the prayer of the petition affirmed, with ten dollars costs and disbursements. No opinion. Lazansky, P. J., Davis, Adel, Taylor and Close, JJ., concur.