In re the Estate of Cunanan

— Case held, decision reserved and matter remitted to Onondaga County Surrogate’s Court for further proceedings, in accordance with the following memorandum: In this will construction proceeding, the executor appeals from a Surrogate’s decree determining the distribution of assets under the wills of two decedents, husband and wife, who, with their children, died in a common disaster. H The record on appeal contains an agreement, dated November 24,1982, between the distributees of the husband and the sole distributee of the wife, which purports to settle the dispute and divide the assets of…