In re the Estate of Newton

Appeal from- an order of the Surrogate’s Court, Westchester County, which dismissed the appeal of the executor herein, from a pro forma order fixing and assessing the tax payable under article 10-C of the Tax Law, and affirmed said pro forma order in every respect. Order unanimously affirmed, without costs. Ho opinion. Leave to appeal 'to the Court of Appeals is hereby granted to the appellant. Present — Close, P. J., Hagarty, Adel, Lewis and Aldrich, JJ. [177 Mise. 877.]