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MATTER OF FISCUS

38 N.Y.2d 874 (1976)

In the Matter of the Construction of the Will of Carl F. Fiscus, Deceased. Herbert E. Fiscus, Appellant; John G. Lesswing, as Executor of Carl F. Fiscus, Deceased, Respondent.

Court of Appeals of the State of New York.

Decided February 12, 1976.

Attorney(s) appearing for the Case

Joseph A. Contino for appellant.

Fenton F. Harrison, John G. Lesswing, pro se, and Louis Burman for John G. Lesswing, respondent.

Concur: Chief Judge BREITEL and Judges JASEN, GABRIELLI, JONES, WACHTLER, FUCHSBERG and COOKE.

Order affirmed, with costs to the executor only payable out of the estate, on the opinion by Mr. Justice FRANK DEL VECCHIO at the Appellate Division (45 A.D.2d 235

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