•The samé 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.)
Present — Ingbaham, McLaughlin,- Clarke,- Houghton and Lambert, J J.
Order reversed, with ten dollars costs and disbursements to appellant payable out of the estate, and matter remitted to the surrogate.