In re the Estate of Jones

In a will construction proceeding, the appeal is from a decree of the Surrogate’s Court, Orange County, dated November 1,1973, which adjudged that a certain rare book collection constituted personal property of the testatrix which passed under article “ Eleventh ” of her will. Decree affirmed, with costs to all parties filing separate briefs payable out of the estate, upon the opinion of Surrogate Green. Christ, Brennan and Benjamin, JJ., concur; Cohalan, Acting P. J., dissents and votes to modify the decree in accordance with the following memorandum, in which Munder, J., concurs: The sole…