*1 In this contested estate, the decedent’s niece, the nominated successor co-executor under an instrument dated August 18, 2014 (the 2014 instrument), filed an amended cross petition to probate that instrument [File No. 2016-1297/D], renunciations having been filed for the other nominated fiduciaries. The nominated executor of a purported instrument dated November 28, 2007 (the 2007 instrument) also sought to probate that instrument and was awarded preliminary letters [File No. 2016-1297]. All of the interested parties: the decedent’s distributees, a son and the three children of a predeceased son, two of whom are infants by their mother who was appointed guardian of their property by the Surrogate’s Court, Westchester County; the preliminary executor; and, two other grandchildren who are beneficiaries named in the 2007 instrument, entered into a written stipulation, inter alia, consenting to the withdrawal of the proceeding to probate the 2007 instrument with prejudice [File No. 2016-1297]. The written stipulation, which has been “so-ordered” by the court, also provides, inter alia, that: (1) the preliminary executor represents that he has complied with*2
two other “so-ordered” written stipulations and has not encumbered or disposed of any estate assets other than to pay debts of the decedent or administrative expenses; (2) the niece is to file an amended petition to probate the 2014 instrument with consents to be expeditiously supplied by all parties [File No. 2016-1297/D]; (3) upon the niece’s appointment, the letters of the preliminary executor are to be revoked and he is to turn over all assets, files and documents concerning the estate and serve and file an account within 30 days thereof; (4) notwithstanding the dispositive provisions in the 2014 instrument, all of the decedent’s tangible property is to be divided and distributed as the parties shall agree, with the residuary estate to be distributed to the two infant grandchildren, the granddaughter and the son in certain percentages; (5) the son’s distributive share is to be primarily paid in-kind from the interest the decedent held in a real estate partnership; and, (6) all counsel are to serve and file affirmations of services and seek reasonable legal fees and disbursements in proceedings brought pursuant to SCPA 2110. The guardian ad litem appointed for two infant distributees recommends approval of the niece’s amended application and seeks leave to enter into the written stipulation which the court grants. Another cross-petition by the infants’ property guardian seeking to probate the 2014 instrument and appoint the niece as executor was held in abeyance pursuant to the two prior “so-ordered” written stipulations [File No. 2016-1297/F].The court is satisfied that the testator executed the will dated August 18, 2014 in its present form in compliance with the statutory
