In re the Estate of Murphy

—In a probate proceeding, Frank Murphy, Jr., John M. Murphy, and Charles J. Murphy as Executors of the Estate of Florence Murphy appeal, as limited by their brief, from so much of an order of the Surrogate’s Court, Richmond County (D’Arrigo, S.), dated March 4, 1997, as, after a hearing concerning service of notices of claim by the respondent Neil McBrien, sustained service and granted judgment in favor of the respondent in the sum of $39,955.

Ordered that the order is modified by deleting therefrom the first decretal paragraph; as so modified, the order is affirmed insofar as appealed from,…