In re Baugher

In a probate proceeding in which Jonathon Kirk Baugher, the preliminary executor of the decedent’s estate, petitioned pursuant to SCPA 2103 and 2104 to recover certain property on behalf *1112of the estate, William Hugh Baugher, Laraine Baugher Stuek, Ralph Edmond Baugher, Richard Scott Baugher, Lisa Baugher Eppley, and WS. Wilson Corporation appeal from so much of an order of the Surrogate’s Court, Nassau County (Riordan, S.), dated December 23, 2010, as denied their motion to dismiss the petition pursuant to CPLR 3211 (a) (1) and (7) based on documentary evidence, failure to state a cause of…