Motion for leave to appeal to the Court of Appeals from the 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 December 15, 1938, granted. [See ante, p. 43.] Settle order on notice. Present — Martin, P. J., Glennon, Untermyer, Dore and Cohn, JJ.