Ordered that the decree is reversed insofar as appealed from, on the law, without costs or disbursements, and the petition is granted.
The Surrogate's finding that the petitioner is not competent to serve as executor by reason of improvidence (see, SCPA 707 [1] [e]) is without support in the record. Neither the fact that the petitioner, an attorney, employed an attorney to assist him by providing legal services to the estate, nor the fact that the petitioner...
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