Berman's Estate

van Roden, P. J.,

The executors of the will of this decedent have presented a petition for a declaratory judgment decreeing a con*679struction of the provisions of a written lease entered into between decedent in his lifetime as lessee and respondent as lessor, and the nature of said lease as an asset of the estate, and the powers of the executors with respect thereto. The answer filed on behalf of respondent admits all the essential facts, but denies that the matter is a proper case for a declaratory judgment, and also vigorously opposes the construction of the lease contended for by petitioners.

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