In re the Estate of Wheeler

Motion by respondent executor, pursuant to section 309 of the Surrogate’s Court Act, (1) to incorporate into the record on appeal a certain “newly discovered” letter written to him by the deceased a few days before the execution of a codicil to her will, or, in the alternative, (2) to appoint a Referee to hear and report as to whether such letter should be made a part of the record. Motion denied. Nolan, P. J., Ughetta, Christ, Pette and Brennan, JJ., concur.