Order modified on the law as indicated herein and, as so modified, unanimously affirmed, with costs to all parties filing briefs, payable out of the estate, and matter remitted to the Special Term for the entry of an order not inconsistent herewith. The findings of fact are affirmed.
The assignment to the husband and wife, by its terms, created a joint tenancy in the mortgage (Real Property Law, § 66; Matter of Kimberly, 150 N.Y. 90; Matter of Blumenthal...
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