In re the Accounting of Lincoln Rochester Trust Co.

Decree reversed on the law and facts, with one hill of costs to appellants payable out of the estate, and matter remitted to the Surrogate’s Court for further proceedings in accordance with the memorandum. Memorandum: We are unable to find, in the compromise agreement, any language which can be construed that the parties thereto intended to deal only with that portion of the estate which would have been controlled by the appellants in the event of intestacy. We find nothing ambiguous in the clauses therein which define the words “ net estate ” or “ gross estate ”. The decree in the…