In re the Judicial Accounting of Westerbeke

Decree of the Surrogate’s Court of Suffolk county, in so far as appealed from, affirmed, with costs to respondents, payable out of the estate. Lazansky, P. J., Kapper, Scudder and Tompkins, JJ., concur; Davis, J., dissents and votes to reverse on the ground that the language of the will is not sufficiently specific to exclude the. statutory allowance, which was not a part of-the assets of the estate, under- section 200 of the Surrogage’s Court Act. [143 Misc. 221.]