In re the Estate of Messaros

—In a proceeding against a fiduciary pursuant to SCPA 2102 to compel payment of rental income to the petitioner, and a cross petition for the construction of a will, the appeal is from so much of an order of the Surrogate’s Court, Suffolk County (Prudenti, S.), dated March 12, 1998, as directed that certain payments be made to the petitioner from the gross rental income received from real property situated in New Jersey and devised to Clifford Messaros, Jr., Michael C. Messaros, and Regina Pippidis.

Ordered that the order is reversed insofar as appealed from, on the law, without costs or…