Opinion
November, 1934.
Present — Lazansky, P.J., Hagarty, Carswell, Tompkins and Davis, JJ. [See ante, p. 797.]
Motion for reargument denied. Motion for leave to appeal to the Court of Appeals granted and the following question certified: Under the circumstances in this case, was the Surrogate's Court authorized to prefer payment to the widow from the residuary legacy to her over the legacy to the appellant and other general legacies?