In re the Estate of Stavin

Cecil Stavin, executor under the will of Esther V. Stavin, appeals from a decree of the Surrogate’s Court construing decedent’s will as establishing the right of Ethel K. Stavin to be successor executrix, in place of her deceased husband Maurice V. Stavin, and directing the issuance of letters testamentary to Ethel K. Stavin as coexecutrix with appellant Cecil Stavin.

Testatrix Esther died on December 14, 1969. She was survived by her two sons, Cecil Stavin, the appellant, and Maurice V. Stavin, the husband of respondent Ethel K. Stavin. The will was admitted to probate on March 20, 1970, and…