Opinion
April 30, 1952.
Present — Taylor, P.J., McCurn, Vaughan, Piper and Wheeler, JJ.
Decree, insofar as appealed from, reversed on the law and facts, upon the ground that the record fails to disclose that any proof was taken by the Surrogate to establish the validity of any alleged claims against decedent's estate, and matter remitted to the Surrogate's Court of Cattaraugus County to take such proof, with costs to the appellant. All concur. (Appeal from part of a decree granting a motion to dismiss a show cause order why petitioner should not be permitted to pay the debts of decedent.)