In re the Construction of the Will of Fiscus , 38 N.Y.2d 874 ( 1976 )

Order affirmed, with costs to the executor only payable out of the estate, on the opinion by Mr. Justice Frank Del Vecchio at the Appellate Division (45 AD2d 235).

Concur: Chief Judge Breitel and Judges Jasen, Gabrielli, Jones, Wachtler, Fuchsberg and Cooke.