Order, insofar as appealed from, reversed on the law and new hearing directed, with costs to abide the event.
The Surrogate erroneously held as a matter of law that the evidence as to alleged misrepresentations by the attorney for the petitioner could not be considered in determining whether the general releases should be set aside. (Pimpinello v. Swift & Co., 253 N.Y. 159; 5 Williston on Contracts [Rev. ed.], § 1488.) The Surrogate could have disbelieved...
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