Opinion
Argued December 4, 1945
Decided January 18, 1946
Appeal from the Supreme Court, Appellate Division, First Department, DELEHANTY, S.
James N. Vaughan and George Feinberg for appellant.
Lawrence S. Timen and Edwin B. Wolchok for proponent, respondent.
Donald T. Mullane for special guardian, respondent.
Order of Appellate Division reversed and decree of Surrogate's Court affirmed, with costs, in this court and in the Appellate Division, upon the ground that the findings of the Surrogate are in accordance with the weight of the evidence. No opinion.
Concur: LOUGHRAN, Ch. J., LEWIS, CONWAY, DESMOND, THACHER, DYE and MEDALIE, JJ.