In re the Estate of Muller

OPINION OF THE COURT

C. Raymond Radigan, J.

This application is made by Maureen Markey, 1 of 4 equal distributees and residuary legatees, all nieces of the decedent, to compel disclosure of all prior wills and instructions pursuant to an examination of attesting witnesses as provided by SCPA 1404 (4). The issue of this application is the refusal of *967Mr. Gerald Egan, attorney-draftsman as well as attesting witness to the propounded instrument, to provide the applicant with these materials. Mr. Egan’s refusal is grounded in the presence in the instrument of an in terrorem clause, which would…