IN THE MATTER OF HARRIS


21 Misc.3d 239 (2008)

862 N.Y.S.2d 898

In the Matter of the Estate of MARY HARRIS, Also Known as MARY FELICITA HARRIS, Deceased.

Surrogate's Court, Bronx County.

August 19, 2008.


Attorney(s) appearing for the Case

Martin & Molinari, LLP, Freeport (John E. Molinari of counsel), for Frank Harris, executor.

Joseph Edward Brady, P.C., Howard Beach (Joseph Edward Brady of counsel), for Lauren Harris, petitioner.


OPINION OF THE COURT

LEE L. HOLZMAN, J.

In this SCPA 711 proceeding, the petitioner, a one-third residuary legatee, seeks the revocation of the letters testamentary that issued to the executor, and the executor now moves to disqualify the petitioner's counsel, asserting that his representation of the petitioner violates counsel's fiduciary duties to him, as counsel previously represented him in his capacity as the executor of the estate. The petitioner's...

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