In re the Estate of DiJurico

OPINION OF THE COURT

C. Raymond Radican, J.

In this proceeding for judicial settlement of his account as preliminary executor, petitioner moves for summary judgment dismissing the objections filed contending they are not legally cognizable.

*264The decedent’s will nominated the accountant, her brother, as executor of her estate and made him the beneficiary of the residuary that comprised 49% of the estate. Decedent’s son, who received a 35% share of the estate in trust, contested the will, which was denied probate after the jury found the proponent had exercised undue influence. Preliminary letters…