Opinion
January 22, 1945.
Present — Carswell, Acting P.J., Johnston, Adel, Lewis and Aldrich, JJ.
Application to this court, acting as a court of original jurisdiction, for an order which, it is alleged, was refused by the Surrogate of Kings County, denied, without costs. The application to the Surrogate should be made after the completion of the publication of notice to creditors, as required by section 121 of the Surrogate's Court Act, at which time the Surrogate, no doubt, will properly exercise his discretion.