In re Proving the Last Will & Testament of Dayton

(dissenting). Assuming that the case cited by the surrogate as the sole reason for his denial of the relief sought was not conclusive, I am of opinion that the application does not show sufficient merit to justify a reversal by this court. I, therefore, dissent and vote for affirmance.

Present — Martin, P. J., O’Malley, Townley, Cohn and Callahan, JJ.; O’Malley, J., dissents; dissenting opinion by O’Malley, J.