Decree of the Surrogate’s Court of Queens county reversed and issues ordered to be tried by a jury, with costs of the appeal to abide the event of the new trial, payable out of the estate, on the authority of Matter of Tompkins (69 App. Div. 474) and Matter of Richardson (137 id. 103). Jenks, P. J., Thomas, Carr, Woodward and Rich, JJ., concurred. Order to be settled before Mr. Justice Thomas.