As respondent properly conceded, the Surrogate erred in a passing comment in her opinion to the effect that each of three nieces of the intestate decedent surviving at the time of the decedent's death would have been entitled to equal one-third shares. Two of the nieces were children of one of the decedent's predeceased brothers, and the third was a child of the other predeceased brother. Accordingly, the latter would have been entitled to one half of the estate, the largest...
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