Motion for leave to appeal to the Court of Appeals from order of this court entered September 3, 1940, in so far as it affirmed the decree of the Surrogate’s Court, New York County, dated November 8, 1939, granted. [See ante, p. 43.] Settle order on notice. Present — Martin, P. J., Glennon, Untermyer, Dore and Cohn, JJ.