In re the Estate of Turner

Lawrence E. Kahn, S.

The issues before the court in this estate are twofold. Firstly, does Ellen Green have standing to object to the probate of the July 5, 1974 purported will of the deceased, George Turner? Secondly, is Ellen Green, as preliminary executrix, entitled to a discovery proceeding with respect to property in the possession of one Henrietta Smigel.

The deceased, George Turner, died a resident of Albany County on November 19, 1974. On March 9, 1973, the decedent executed an instrument then purporting to be his last will and testament whereby he gave, devised and bequeathed all of…