OPINION OF THE COURT
Order reversed, with costs to all parties appearing separately and filing separate briefs payable out of the estate, and the decree of the Surrogate’s Court, New York County, reinstated for reasons stated in the decision of former Surrogate Millard L. Midonick.
Concur: Chief Judge Cooke and Judges Jasen, Jones, Wachtler, Fuchsberg, Meyer and Simons.