Opinion
March 20, 1950.
Present — Nolan, P.J., Carswell, Johnston, Adel and Sneed, JJ.
Decree of the Surrogate's Court of Suffolk County, admitting to probate a certain codicil to the last will and testament of deceased, and, among other things, directing payment to appellant of the sum of $500, modified on the law and the facts by substituting for the words "Five Hundred Dollars", in the first decretal paragraph, the words "One Thousand Dollars". As so modified, the decree, insofar as appealed from, is unanimously affirmed, with costs to the appellant, payable out of the estate. In our opinion the record clearly establishes that it was the intention of the testatrix that the whole sum of $1,000 should be paid to appellant. ( Matter of Nelson, 268 N.Y. 255, 258; Matter of Martin, 255 N.Y. 248, 253, 254.)