Mercure, J.E Appeal from an order of the Surrogate’s Court of Delaware County (Becker, S.), entered August 14, 2006, which dismissed petitioner’s application to disqualify respondent from taking any part of decedent’s estate pursuant to a no contest clause. In 2002, petitioner, who was decedent’s second wife and is executor of his estate, sought to probate decedent’s will dated June 1997. Richard Fairbairn,…
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