
    In the Matter of the Construction of the Will of Carl F. Fiscus, Deceased. Herbert E. Fiscus, Appellant; John G. Lesswing, as Executor of Carl F. Fiscus, Deceased, Respondent.
    Argued January 9, 1976;
    decided February 12, 1976
    
      
      Joseph A. Contino for appellant.
    
      Fenton F Harrison, John G. Lesswing, pro se, and Louis Burman for John G. Lesswing, respondent.
   Order affirmed, with costs to the executor only payable out of the estate, on the opinion by Mr. Justice Frank Del Vecchio at the Appellate Division (45 AD2d 235).

Concur: Chief Judge Breitel and Judges Jasen, Gabrielli, Jones, Wachtler, Fuchsberg and Cooke.  