In re the Estate of Wood

*288OPINION OF THE COURT

Greenblott, J. P.

Decedent Robert S. Wood died on June 27, 1976 at St. Peter’s Hospital in Albany, New York, following intermittent hospitalization since April 1, 1976 for a respiratory condition. In this proceeding, the executor of his last will and testament, a designated one-third residuary beneficiary thereof (the respondent Frank H. Purzycki and appellant LeRoy Chesebro being the other one-third residuary beneficiaries), sought recovery of certain assets of decedent’s estate in the hands of the respondents. Upon a trial of issues framed by the Surrogate, the evidence…