In re the Estate of Samson

Decree unanimously reversed, without costs, and matter remitted to Lewis County Surrogate’s Court for further proceedings in accordance with the following memorandum: Bernard Samson, executor of the estate of Robert B. Samson, appeals from a decree of Surrogate’s Court entered May 16, 1977, which purports to be a "resettlement” of a decree entered November 22, 1976, construing a paragraph in the will of appellant’s testator. Although no grounds for resettlement are stated, it appears from a reading of the two decrees in comparison with the court’s memorandum decision following a construction…