MATTER OF BROOKS

Appeal, as limited by appellant's brief, from so much of a decree of the Surrogate's Court, Westchester County, entered October 29, 1971, as adjudged that he is not included within the term "issue" as used in Article Fifth of the will of Clara Vail Brooks, deceased, as not entitled to share therein. Decree affirmed insofar as appealed from, with costs to respondents, payable out of the trust estate. (See Matter of Brooks, 39 A.D.2d 942. ) Rabin, P.J., Hopkins, Martuscello, Latham and Shapiro, JJ., concur.