In Re the Estate of Fishman , 315 N.Y.S.2d 866 ( 1970 )

27 N.Y.2d 809 (1970)

In the Matter of The Estate of Sam Fishman, Also Known as Sam Fischman, Deceased. Lewis D. Fischman, as Executor of Sam Fishman, Deceased, Appellant; Lillian Fishman, Respondent.

Court of Appeals of the State of New York.

Argued September 24, 1970. Decided October 14, 1970.

Gabriel Kaszovitz for appellant.

Harry Heller for respondent.

Concur: Chief Judge FULD and Judges BURKE, SCILEPPI, BERGAN, BREITEL, JASEN and GIBSON.

Order affirmed, with costs to respondent payable out of estate; no opinion.