Opinion
November, 1934.
Order of the Surrogate's Court of Westchester county reversed on the law, with ten dollars costs and disbursements to appellant, payable out of the estate, and appellant's motion for a resettlement of the proposed case and amendments on appeal by disallowing proposed amendments numbered 2 to 12, inclusive, granted, with ten dollars costs. In our opinion, the matters proposed by the respondents' amendments are not necessary to a proper review of the decree of the Surrogate's Court admitting to probate the last will and testament of the decedent. Lazansky, P.J., Young, Scudder, Tompkins and Davis, JJ., concur.