Majority
p. 982In the Matter of the Estate of Herbert Congdon Clark (Also Known as Herbert C. Clark), Deceased. George M. Clark, Petitioner, Appellant; William R. Pickens, as Executor, etc., of Herbert Congdon Clark, etc., Deceased, and Staten Island Hospital, Respondents.
Decree of the Surrogate’s Court of Richmond county construing the last will and testament of Herbert C. Clark to the effect that the Staten Island Hospital had the capacity to take by devise all of the real and personal estate of the testator pursuant to the terms of his will, unanimously affirmed, with costs to the respondent executor, payable out of the estate. No opinion. Present — Lazansky, P. J., Carswell, Johnston, Adel and Close, JJ.