Opinion
March 16, 1955.
Appeal from Erie Surrogate's Court.
Present — McCurn, P.J., Vaughan, Kimball, Piper and Van Duser, JJ.
Decree reversed on the law, without costs of this appeal to any party, and a new trial granted. Memorandum: It was error for the Surrogate to allow proponent to prove declarations of the testatrix to establish the continued existence of her will shown otherwise to have been executed. ( Matter of Kennedy, 167 N.Y. 163. ) All concur.