In re Estate of Fleischer

—Main, J.

Appeal from a decree of the Surro*806gate’s Court of Otsego County (Kepner, Jr., S.), entered August 21, 1985, which disposed of decedent’s estate pursuant to decedent’s written instructions.

Decedent died intestate on January 23, 1977 survived by his two children, petitioner and respondent herein. He left behind written instructions for disposal of his estate. Although these instructions purported to be a will, they bore only one witnessing signature and thus could not be admitted to probate. Petitioner, a resident of Texas at the time of decedent’s death, renounced her right to letters…