In re Petrulla

Decree of the Surrogate’s Court of Richmond county reversed upon the law and the facts and a new trial ordered before a jury on a framed issue, costs to appellant, payable out of the estate, to abide the event. The court is of opinion that the determination of the surrogate was against the weight of the evidence. Lazansky, P. J., Rich, Kapper and Carswell, JJ., concur; Hagarty, J., dissents and votes to affirm. Settle order before the presiding justice on two days’ notice.