Opinion
October 29, 1951.
Present — Nolan, P.J., Carswell, Johnston, Sneed and MacCrate, JJ.
Decree of the Surrogate's Court, Queens County, entered upon the direction of a verdict, admitting to probate a paper writing dated November 8, 1948, as the last will and testament of Eva Lipschutz, deceased, unanimously affirmed, with costs to respondent, payable out of the estate. Appeal from order dated August 10, 1950, granting respondent's motion for a bill of particulars, dismissed. The order is not one which necessarily affected the decree appealed from. (Surrogate's Ct. Act, § 295.)