Order unanimously modified in accordance with memorandum and as modified affirmed, without costs.
Memorandum:
Plaintiffs and defendant Aleszczyk are residuary legatees under a last will and testament of Michalina Zmitrowicz, also known as Balabka (deceased), who died on March 6, 1970. Aleszczyk is also executor and filed an intermediate account in Oneida County Surrogate's Court on July 12, 1972. On October 31, 1972 plaintiff Renzi filed objections to the...
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