Opinion
June 28, 1907.
Robert C. McCormick, for the appellant.
George H. Mallory, for the respondent.
Present — INGRAHAM, MCLAUGHLIN, CLARKE, HOUGHTON and LAMBERT, JJ.
The same questions arise in this appeal as do in the appeal from the order entered in the above proceeding on the 10th day of May, 1907, and the order should be reversed for the reasons stated on the reversal of the latter order decided herewith. ( 120 App. Div. 406.)
Order reversed, with ten dollars costs and disbursements to appellant payable out of the estate, and matter remitted to the surrogate.