In re the Estate of Baer

Appeal from a decree of the Surrogate’s Court, Erie County (Barbara Howe, S.), entered March 30, 2007. The decree admitted the last will and testament of decedent to original probate and granted letters testamentary and letters of trusteeship to petitioner.

It is hereby ordered that the decree so appealed from be and the same hereby is unanimously reversed on the law without costs, probate is denied and letters testamentary and letters of trusteeship are revoked.

*1369Memorandum: In appeal No. 1, respondents appeal from a decree admitting the last will and testament of decedent, a domiciliary of…