Opinion
Argued January 12, 1983
Decided February 10, 1983
Appeal from the Appellate Division of the Supreme Court in the First Judicial Department, MILLARD L. MIDONICK, S.
Hyman L. Rutman for appellant.
Seth Rubenstein, Nathan F. Grossman and Merritt T. Viscardi for respondents.
Stuart A. Summit and Guy R. Fairstein for Bertha K. Donson, amicus curiae.
Order reversed, with costs to all parties appearing separately and filing separate briefs payable out of the estate, and the decree of the Surrogate's Court, New York County, reinstated for reasons stated in the decision of former Surrogate MILLARD L. MIDONICK.
Concur: Chief Judge COOKE and Judges JASEN, JONES, WACHTLER, FUCHSBERG, MEYER and SIMONS.