In re Estate of Donahue

Decree, Surrogate’s Court, New York County (signed by Midonick, S., pursuant to SCPA 2602, subd 1, par [b] upon a decision by Di Falco, S.), entered on August 16, 1974, insofar as appealed from, affirmed on the opinion of Surrogate Di Falco, with $60 costs and disbursements to all parties appearing separately and filing separate briefs payable by the estate of Jessie W. Donahue, deceased. Concur—Capozzoli, Land and Nunez, JJ.; Murphy, J. P., and Tilzer, J., dissent in part in the following memorandum by Tilzer, J.: Tilzer, J. (dissenting in part). Because I believe that a rule of law should…