Decree of the Surrogate’s Court of Westchester county affirmed, with costs to respondent, payable out of the estate. The petitioner is entitled to the amount allowed by the surrogate for services rendered to the estate pursuant to the thirty-third provision of the will. Lazansky, P. J., Young and Seudder, JJ., concur; Hagarty, J., with whom Davis, J., concurs, dissents and votes for reversal and dismissal of proceeding, with opinion.