In re the Estate of Sakow

—Order, Surrogate’s Court, Bronx County (Lee Holzman, S.), entered September 15, 1998, which, to the extent appealed from, as limited by the briefs, incorporated and supplemented the court’s decision, dated September 12, 1997, permitting petitioners-appellants to opt to presently receive 4/9ths of the total value of items 1 through 9 without crediting or debiting either movants or Walter Sakow for either any profits that have been earned over the years or any expenses incurred during that period, unanimously affirmed, without costs.

Max Sakow died testate in 1956, leaving 3/9ths or l/3rd of…