Opinion
October 22, 1951.
In a proceeding to probate an alleged will, a contestant appeals from an order of the Surrogate's Court of the County of Suffolk granting proponent's motion to strike out of said contestant's answer to the petition for probate a paragraph which asserts said contestant's right to take as in intestacy, as surviving spouse of the decedent, pursuant to section 18 of the Decedent Estate Law. Order affirmed, with $10 costs and disbursements to respondent, payable out of the estate. No opinion. Nolan, P.J., Carswell, Johnston, Sneed and Wenzel, JJ., concur.