Opinion
Argued April 22, 1999
June 7, 1999
In a proceeding, inter alia, for the appointment of a successor executor and trustee under the will of Sara H. Davidson, the petitioners appeal, as limited by their brief, from so much of an order of the Surrogate's Court, Nassau County (Radigan, S.), dated April 2, 1998, as denied that branch of their motion which sought, in effect, to rescind a 1984 "Agreement of Compromise of Will Contest" between, among others, the petitioners and the respondent.
Barbara Izett, New York, N.Y. (David Cooper of counsel), for appellants.
Marvin H. Wolf, P.C., Commack, N.Y., for respondent.
DAVID S. RITTER, J.P., DANIEL W. JOY, GLORIA GOLDSTEIN, ROBERT W. SCHMIDT, JJ.
DECISION ORDER
ORDERED that the order is affirmed insofar as appealed from, without costs or disbursements.
Contrary to the petitioners' contention, their allegations of fraud were insufficient to set aside the 1984 "Agreement of Compromise of Will Contest" between, among others, the petitioners and the respondent ( see, French v. Quinn, 243 A.D.2d 792; Matter of Yter, 225 A.D.2d 702).