Opinion
Argued October 7, 1943
Decided December 8, 1943
Appeal from the Supreme Court, Appellate Division, Second Department, HAWKINS, S.
Mortimer M. Kassell and Paul Newman for appellant.
Christian H. Genghof, James D. Ewing and Lasater Terrell for respondents.
Order affirmed, with costs. The motion to modify having been made within two years after the entry of the order originally fixing the tax, the order appealed from was within the power of the Surrogate. ( Matter of Willets, 190 N.Y. 527; Tax Law, § 249-aa.) No opinion.
Concur: LEHMAN, Ch. J., LOUGHRAN, RIPPEY, LEWIS, CONWAY, DESMOND and THACHER, JJ.