Opinion
Submitted October 14, 1946
Decided October 17, 1946
MOTION by respondent State of New York for reargument denied. Our remittitur provided that the matter be remitted to the Surrogate's Court for further proceedings not inconsistent with the opinion. That court may, if so advised, receive evidence of facts not presented by the record before us, which are found to be necessary for a proper determination of the proceeding within the principles outlined in our opinion.