In re Estate of Stoller

*539OPINION OF THE COURT

Renee R. Roth, S.

Incident to the probate proceeding in the estate of Elias Stoller, one of decedent’s sons, Robert Stoller, seeks limited letters (SCPA 702) to allow him to commence a discovery proceeding against his stepmother, who has offered for probate an instrument which contains an in terrorem clause. The contested application presents a novel issue as to the relationship between a “no contest” clause in a will that has not yet been probated and discovery via limited letters by a party in the probate proceeding.

Mr. Stoller died on September 11, 2001, survived by his…