In re the Estate of Friedman

Wingate, S.

The petition of the coexecutor to resign will be granted on the basis of the reasons assigned therefor.

Whereas the testimony adduced on probate, upon which the claimants under item fourth of the will seem to place some reliance, may have been admissible in that proceeding, it is wholly inadmissible in a proceeding for construction of the document and may not be taken into consideration in such connection. (Matter of Dooley, 154 Misc. 743, 744; Matter of Richardson, 134 id. 174, 181.) As a result, in the present instance there is merely the testamentary instrument itself from which…