In re the Accounting of Read

Motion to dismiss appeal denied. Order unanimously affirmed, without costs. Memorandum: This is an appeal from an order of Surrogate’s Court which settled the record in this will construction proceeding. The order appealed was entered after our reversal of the Surrogate’s order construing distribution under the will of Alice Wilhelm (see Matter of Wilhelm, 60 AD2d 32). Upon remittitur the Surrogate perceived that a certain "family tree” exhibit not offered in evidence in his court had been submitted to the Appellate Division as a part of the record on appeal as stipulated by all the parties.…