In re the Estate of Molnar

Millard L. Midohick, S.

In these pending probate proceedings the nominated fiduciary under a prior will seeks permission to file objections to probate and for other related relief. In opposition it is contended that the applicant has no standing by reason of the fact that his duty to protect those interested in the prior will has been terminated by the appearance of other attorneys for the beneficiaries under that will. SCPA 1410 declares that one whose only financial interest in the estate would be for the commissions he might have earned if his appointment had not been revoked shall not be…