In re the Estate of Imperato

In a proceeding to construe a will, the petitioner appeals from a decree of the Surrogate’s Court, Suffolk County, entered January 11, 1965 upon the court’s decision (see 44 Misc 2d 639), which adjudged that the will was without testamentary effect and that the estate of the testator should be distributed as in intestacy. Decree reversed on the law, with costs to the respective parties payable out of the estate, and proceeding remitted to the Surrogate’s Court, Suffolk County, for entry of a decree construing the will in accordance with the petition. Ho issues of fact were considered. The…