In re the Estate of Germain

Yesawich, Jr., J.

Appeal from an order of the Surrogate’s Court of Franklin County (Plumadore, S.), entered May 21, 1987, which, iater alia, denied petitioner’s motion to prevent the submission and signing of a proposed order denying substituted service of citation with respect to the probate of an instrument claimed to be decedent’s 1979 will.

In January 1985, a purported last will and testament of decedent, Margaret Germain, dated May 3, 1974 (hereinafter the Lovinger will) was offered for probate in Franklin County by respondent, the executor named therein. On February 26, 1985, petitioner…