In re the Estate of Harris

OPINION OF THE COURT

Lee L. Holzman, J.

In this SCPA 711 proceeding, the petitioner, a one-third residuary legatee, seeks the revocation of the letters testamentary that issued to the executor, and the executor now moves to disqualify the petitioner’s counsel, asserting that his representation of the petitioner violates counsel’s fiduciary duties to him, as counsel previously represented him in his capacity as the executor of the estate. The petitioner’s counsel opposes the motion contending that there is no conflict of interest as he never represented the executor and only represented the…