Opinion
April, 1927.
Decree and order of the Surrogate's Court of Kings county setting aside verdict of jury and directing probate affirmed, with costs to respondent, payable out of the estate. No opinion. Kelly, P.J., Manning and Hagarty, JJ., concur; Young and Kapper, JJ., dissent, and vote to reverse so much of the decree and order as directed probate, and also vote for a new trial, upon the ground that the failure of proponent to testify presents a clear issue of fact.