In re the Estate of Brown

OPINION OF THE COURT

Millard L. Midonick, J.

Petitioner, a New York attorney who is not related to decedent, has petitioned for original probate of decedent’s last will and testament and for his appointment as executor and trustee pursuant to SCPA 1605. Decedent died a domiciliary of Florida but she has been buried in New York and has approximately 50% of her assets in New York. The will was drafted and executed in New York in 1974 while she was a domiciliary, and decedent moved to Florida in 1976. The reason presented for this application for original probate is that the petitioner is…