Opinion
Argued October 13, 1942
Decided November 25, 1942
Appeal from the Supreme Court, Appellate Division, Third Department, HARRINGTON, J.
Harold A. Jerry for appellants.
F. Claude O'Connell and Harold F. Tucker for respondent.
Order of Appellate Division reversed and that of Surrogate's Court affirmed, with costs in this court and in the Appellate Division to all parties filing separate briefs payable out of the estate, on the ground that the weight of evidence lies with the decision of the Surrogate. No opinion.
Concur: LEHMAN, Ch. J., LOUGHRAN, FINCH, RIPPEY, LEWIS, CONWAY and DESMOND, JJ.