In re the Accounting of Matson

Concur — Stevens, P. J., MeGivern and Tilzer, JJ.; Eager and Capozzoli, JJ., dissent in the following memorandum by Eager, J.: I would modify the accounting decree in the husband’s estate to limit the distribution to the estate of the deceased wife from the proceeds of sale of the “ Spanish property” to 50% of that portion of the gross proceeds over and above the sum of $100,000. Certainly, the several agreements (the separation agreement, the letter-form agreement and the escrow agreement) are to be construed together to effectuate the intent of the parties. Doing so, it appears that the…