The principles laid down in the case of Sanford v. Sanford, 45 N. Y. 723, 58 N. Y. 72, and reiterated in the case of Bertles v. Nunan, 92 N. Y. 156, and which have obtained since the existence of the common law, show that the decree of the surrogate was correct, and should be affirmed, with costs. All concur.