Opinion
January 28, 1985
Appeal from the Surrogate's Court, Dutchess County (Benson, S.).
Order affirmed, with costs payable personally by the appellant.
The 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.