*975OPINION OF THE COURT
Order affirmed, with costs to all parties appearing separately and filing separate briefs payable out of the estate, for reasons stated in the portion of the opinion by Surrogate Millard L. Midonick granting the application on the basis of EPTL 3-5.1 (108 Misc 2d 31).
Concur: Judges Jasen, Jones, Wachtler and Meyer. Chief Judge Cooke dissents and votes to reverse in the following opinion in which Judge Gabrielli concurs. Taking no part: Judge Fuchsberg.