Majority
p. 623(February 27, 1975) In the Matter of the Estate of Mark Rothko, Deceased. Mark Rothko Foundation, Inc., Appellant; Herbert Ferber, as Executor of Mary A. Rothko, Deceased, et al., Respondents-Respondents, and Bernard J. Reis et al., Respondents.
Decree of the Surrogate’s Court, New York County, entered on April 2, 1974, which, inter alla, construes the decedent’s will and awards certain personal property to his wife’s estate, unanimously affirmed on opinion of DiFalco, S. Respondents Herbert Ferber, Barbara B. Northrup and Kate Rothko shall recover of the appellant one bill of $60 costs and disbursements of this appeal. No opinion. Concur — Kupferman, J. P., Lane, Nunez and Lynch, JJ.