In re the Estate of Smith

*833OPINION OF THE COURT

Lee L. Holzman, J.

In this proceeding to probate a testamentary instrument dated March 16, 2006, the proponent, a daughter of the decedent who is the sole beneficiary and nominated executrix under the instrument, moves for an order dispensing with the SCPA 1404 testimony of a witness who resides in Florida. The decedent’s distributees are the proponent and two other daughters, one of whom is under a disability. One of the respondent daughters, Barbara Smith, opposes the motion. She also settled an order directing that the deposition be taken by video conference in Florida…