Opinion
Argued October 22, 1981
Decided November 19, 1981
Appeal from the Appellate Division of the Supreme Court in the First Judicial Department, S. SAMUEL DI FALCO, S., MILLARD L. MIDONICK, S.
Monroe R. Sonnenborn, Frederick Lubcher and Louise S. Meller for Spencer Barefoot, appellant.
Emilio Nunez and Pamela Anagnos Liapakis for Richard Kaufman, appellant.
Michael E. Schoeman and Beth L. Kaufman for respondent.
Order of the Surrogate's Court appealed from and order of the Appellate Division brought up for review affirmed for reasons stated in the opinion by Justice MYLES J. LANE at the Appellate Division ( 60 A.D.2d 393), with costs to all parties appearing separately and filing separate briefs payable out of the estate.
Concur: Chief Judge COOKE, and Judges JASEN, GABRIELLI, JONES, WACHTLER, FUCHSBERG and MEYER.