Opinion
Argued January 11, 1968
Decided February 15, 1968
Appeal from the Appellate Division of the Supreme Court in the Second Judicial Department, FREDERICK A. DICKINSON.
Charles B. McGroddy, Jr., for appellant.
Charles V. McDonald for Augusta De La Meilleure, respondent.
No appearance for remaining respondents.
Order reversed and the petition dismissed, with costs against petitioner-respondent, on the dissenting opinion at the Appellate Division. We disagree with the rule stated in Matter of Elwyn ( 285 App. Div. 91) with respect to application of paragraph (d) of subdivision 1 of section 140 of the Surrogate's Court Act. Question certified answered in the negative.
Concur: Chief Judge FULD and Judges BURKE, SCILEPPI, BERGAN, KEATING, BREITEL and JASEN.