In consolidated proceedings to compel the payment of an alleged legacy and to settle the intermediate account of the executor, two parties appeal: (1) Myrtle G. Ely (formerly Myrtle Schneider) appeals from so much of a decree of the Surrogate's Court, Westchester County, dated July 12, 1960, made after a hearing, as determined that her legacy in the decedent's last will and testament was revoked by the codicil thereto and that she is not a person interested in the estate; and (2) the Attorney-General of the State of New York appeals from so much of the same decree as determined that the estate taxes should be paid out of the general estate, without apportionment among any of the named legatees, charitable or otherwise. Decree, insofar as appealed from, affirmed, with costs, to all parties appearing and filing briefs, payable out of the estate. No opinion. Nolan, P.J., Ughetta, Kleinfeld, Pette and Brennan, JJ., concur. [ 25 Misc.2d 933. ]