Opinion
Argued September 27, 1965
Decided October 21, 1965
Appeal from the Appellate Division of the Supreme Court in the First Judicial Department, S. SAMUEL DI FALCO, S.
Elmer Lee Fingar for appellant.
William D. Cabell and Jon H. Hammer for respondent.
Order reversed, with costs to both parties payable out of the estate, and matter remitted to the Surrogate's Court, New York County, with a direction that the prayer of the petition be granted. (See Matter of Galewitz, 5 N.Y.2d 725.) No opinion.
Concur: Chief Judge DESMOND and Judges DYE, FULD, VAN VOORHIS, BURKE, SCILEPPI and BERGAN.