In re the Estate of Rose — 23 N.Y.2d 870

Majority

p. 870

In the Matter of the Estate of Billy Rose, Deceased. Miriam Stern et al., Appellants; Billy Rose Foundation, Inc., et al., Respondents.

Argued November 21, 1968;

decided January 15, 1969.

p. 871

James N. Vaughan, Edward F. Vaughan and Morris W. Primoff for appellants.

James B. Cherry, Osmond K. Fraenkel and Milton Sargoy for respondents.

p. 872

Louis J. Lefkowitz, Attorney-General (George J. Wallace and Samuel A. Hirshowitz of counsel), for ultimate charitable beneficiaries.

Order affirmed on the opinion of the Surrogate, with costs to all parties appearing separately and filing separate briefs payable out of the estate.

Concur s Chief Judge Fuld and Judges Burke, Soileppi, Bergan, Keating, Brbitel and Jasen.