Opinion
April 29, 1942.
Appeal from Franklin County Surrogate's Court.
Present — Hill, P.J., Crapser, Bliss, Heffernan and Schenck, JJ. [See, also, 256 App. Div. 425; affd., 281 N.Y. 813; motion to reargue denied, 283 id. 588; 262 App. Div. 921.]
Substantially the same question was submitted and argued before this court and denied at the March, 1941, term on appellant's motion for the appointment of a referee, which motion was made in conjunction with his motion for a reargument of the original appeal on his appeal from an order of the Surrogate's Court denying his motion for a new trial on the ground of newly-discovered evidence. [See 261 App. Div. 1117.] The order herein appealed from should be affirmed. Order unanimously affirmed, with costs.