In re the Estate of Danilchenko

Memorandum Decree of the Surrogate’s Court, Dutchess County, dated August 6,1970, which construed the testatrix’ will, after a nonjury trial, affirmed, with separate bills of costs to all parties appearing and filing separate briefs, payable out of the estate. Considered in the abstract, the dissenting opinion of our learned Brother Benjamin is extremely persuasive, but we are here confronted with a will which provides that “ the determination, in good faith, by my Executor of any question presented by this provision [whether any legatee would not, because of residence in a foreign country or…