In re the Estate of Greenspon

OPINION OF THE COURT

Renee R. Roth, S.

*587In this otherwise uncontested probate proceeding in the estate of William Greenspon, a novel issue is raised by two competing applications for appointment as executor. The question is whether the designation of a fiduciary is entitled to deference where such selection is made by an agent of the testator rather than the testator himself.

Decedent died on December 1, 2006 and was survived by his wife, Virginia Cleary, and three children, two from a prior marriage. In the propounded instrument, he nominated his attorney, Eric Kaufman, as executor and…