In re the Estate of Smith

OPINION OF THE COURT

Renee R. Roth, S.

This probate proceeding presents a novel question as to the effect of a disposition in lieu of commissions with respect to standing to file objections under SCPA 1410. At issue is the *538right of Salvatore T. Gelosi to object to probate of a codicil to the alleged will of Kathryn (Kate) E. Smith.

The provisions which give rise to this question are contained in articles fourth and ninth of the signer’s purported will dated July 12, 1973.

Article fourth provides: "I give and bequeath the following legacies to the person named if such person survives me by 180…