Opinion
Argued March 14, 1972
Decided May 5, 1972
Appeal from the Appellate Division of the Supreme Court in the Second Judicial Department, JOHN D. BENNETT, S.
John F. LeViness, III, Thomas R. LeViness and David S. Hartstein for appellant-respondent.
Murray Rudman for respondents-appellants.
Order modified on the Surrogate's opinion by reinstating the decree of the Surrogate's Court and, as so modified, affirmed, with costs to all parties appearing separately and filing separate briefs payable out of the estate.
Concur: Chief Judge FULD and Judges BURKE, SCILEPPI, BERGAN, BREITEL, JASEN and GIBSON.