Opinion
May 11, 1949.
Appeal from Surrogate's Court of Schoharie County.
Present — Foster, P.J., Heffernan, Deyo, Santry and Bergan, JJ. [See post, p. 1005.]
The appellant asserts that the claim of the respondents is barred by the Statute of Frauds and that the proof does not sustain the determination. The Statute of Frauds has no application to this case and the evidence amply sustains the decree of the Surrogate. Decree unanimously affirmed, with costs to the respondents payable out of the estate.