Opinion
June 24, 1946.
Appeal from Surrogate's Court, Nassau County.
Order of March 4, 1946, modified on the law, by striking from the first ordering paragraph everything after the word "decreed", and substituting in lieu thereof, a recital that the petitioner has presented prima facie evidence that she is a creditor of the estate, and is entitled to institute the proceeding, and, as so modified, affirmed, without costs. ( Matter of Scheftel, 150 Misc. 3; Matter of Laffargue, 142 App. Div. 426.) Order of March 13, 1946, affirmed, without costs. (Surrogate's Ct. Act, § 253; Matter of Kelly v. Langevin, 153 App. Div. 322.) Lewis, P.J., Hagarty, Johnston, Adel and Nolan, JJ., concur.