In re Whittal

It does not appear from the order that the denial was upon the ground of want of power. If we are to decide, the questions discussed at the bar, the grounds stated in the opinion of the learned surrogate must, in some form, appear in his order or decree. The appellant should be afforded an opportunity of having those grounds embodied in an order. We will therefore affirm the present order, with costs, without prejudice to a renewal of the application before the surrogate.