In re the Estate of Benware

Appeals (1) from an order of the Surrogate’s Court of Albany County (Doyle, S.), entered August 1, 2011, which, among other things, granted Richard D. Wickerham’s motion to strike a notice of deposition issued by respondent, and (2) from an amended decree of said court, entered June 11, 2012, which determined the amount of counsel fees due to Wickerham.

Petitioner and respondent are sisters and coexecutors of the estate of their deceased mother, who wrote a will leaving each daughter an equal share of the residuary estate. In 2007, the sisters retained Richard D. Wickerham to serve as counsel…