On December 4, 1970 that part of the appeal which was from an order of said court, entered October 8, 1970, appointing Charles Campbell as guardian ad litem for said infant, was dismissed, no appeal lying from an ex parte order (see 10 Carmody-Wait 2d, New York Practice, § 70:27). In 1970 the executor, as part of the proceedings for final judicial settlement, petitioned for a construction of certain portions of decedent's will, one part being that in which certain real...
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