Opinion
October 18, 1948.
Present — Peck, P.J., Glennon, Dore, Callahan and Van Voorhis, JJ.
The proof adduced in this case to support appellant's contention is stronger than the evidence in Shea v. Shea ( 294 N.Y. 909, revg. 268 App. Div. 677, on the grounds stated in the dissenting opinion of Mr. Justice JOHNSTON in the Appellate Division). Decree unanimously reversed and the petition dismissed, with costs to the appellant payable out of the estate. Settle order on notice.