In re the Estate of Fairbairn

Mercure, J.E

Appeal from an order of the Surrogate’s Court of Delaware County (Becker, S.), entered August 14, 2006, which dismissed petitioner’s application to disqualify respondent from taking any part of decedent’s estate pursuant to a no contest clause.

In 2002, petitioner, who was decedent’s second wife and is executor of his estate, sought to probate decedent’s will dated June 1997. Richard Fairbairn, decedent’s son from a prior marriage, filed objections to the will, claiming improper execution, lack of testamentary capacity, and undue influence and fraud upon decedent by petitioner.…