Opinion
Argued October 17, 1966
Decided October 27, 1966
Appeal from the Appellate Division of the Supreme Court in the Second Judicial Department, PIERSON R. HILDRETH, S.
Gregory Florentino for appellant.
Murray Bogatin for respondent.
Order reversed and decree of the Surrogate's Court, Suffolk County, reinstated, with costs in this court and in the Appellate Division to both parties payable out of the estate. The dispositive provisions of the will were limited by the conditions set forth in the fourth paragraph thereof. Accordingly, the determination of the Surrogate is reinstated for the reasons stated in his opinion ( 44 Misc.2d 639).
Concur: Chief Judge DESMOND and Judges FULD, VAN VOORHIS, BURKE, SCILEPPI, BERGAN and KEATING.