Ordered that the judgment is affirmed insofar as appealed from, with one bill of costs.
On April 24, 1980, Cosmo Pacetta died during the pendency of a personal injury action against him. In a will executed November 5, 1978, Cosmo Pacetta had named his wife Thelma as the executrix of his estate and as its sole beneficiary. That will was admitted to probate on September 9, 1980.
The record on appeal is devoid of any evidence that Thelma Pacetta was ever served...
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