In re Fischer

Appeal from an order of the Surrogate’s Court of Washington County (Berke, S.), entered March 7, 2005, which denied petitioner’s application to have letters of administration of the estate of Howard W Fischer issued to her.

Howard W. Fischer (hereinafter decedent) died in August 1993 leaving what purports to be a last will and testament which he executed in 1976. As relevant herein, he gave, devised and *859bequeathed his entire estate to petitioner, his surviving spouse, “absolutely, with the knowledge that she will provide for our children.” Petitioner was also nominated as executor by the terms…