If a codicil reduces the bequest to a beneficiary in an existing will, that beneficiary can contest the probating of the codicil.

Presiding over the probating of wills and estates, the Surrogate has the power to award lucrative fees to lawyers acting as conservators, guardians and trustees.

In her affidavit, which was submitted as part of the probating of the will, Ms. Payette said she met Miss Duke for the first time when she helped transport her from the hospital to her mansion on Sept. 30, 1993.

The complaint charges that Mr. Kern removed funds from escrow and trust accounts he established while representing clients in real-estate transactions, the probating of an estate and while collecting debts for a client, and converted the money for his own use or for the benefit of other clients.