Opinion
Argued January 20, 1953
Decided March 6, 1953
Appeal from the Supreme Court, Appellate Division, First Department, FRANKENTHALER, S.
Joseph T. Arenson and Joseph A. Cox for Public Administrator of the County of New York, appellant.
Lewis Abrahams, special guardian for Noel Stern, an infant residuary legatee, appellant in person.
Andrew Y. Rogers, Milton A. Willment, Jr., Walter D. Fletcher and J. Dormer Cannon for respondent.
Order affirmed, with costs to all parties appearing separately and filing separate briefs payable out of the estate. No opinion.
Concur: LOUGHRAN, Ch. J., LEWIS, CONWAY and DYE, JJ.; DESMOND, FULD and FROESSEL, JJ., dissent and vote to reverse on the opinion of the Surrogate.