In re the Estate of Devine

OPINION OF THE COURT

Renee R. Roth, S.

A motion and cross motion place in issue the rights of persons interested in this estate to obtain discovery from the preliminary executor pursuant to SCPA 1412 (4).

In 1963 based upon the recommendation of the Bennett Commission (Second Report of Temporary State Commn on Estates, Report No. 3.3A, at 141-158 [1963]), the Legislature created (L 1963, ch 405, eff Sept. 1, 1963) a new type of letters called "preliminary letters testamentary” and a new fiduciary office called "preliminary executor” (Surrogate’s Ct Act § 153-a, now SCPA 1412).

SCPA 1412 describes…