Opinion
Argued May 21, 1940
Decided October 1, 1940
Appeal from the Supreme Court, Appellate Division, Second Department, MILLARD, J.
Chester B. McLaughlin and Gordon W. McKean for appellants.
Charles P. Carney for respondent.
Order affirmed, without costs; no opinion.
Concur: LOUGHRAN, FINCH, RIPPEY, SEARS and LEWIS, JJ. CONWAY, J., dissents and votes to reinstate the order of the Surrogate's Court. Taking no part: LEHMAN, Ch. J.