reads for reversal of judgment of the General Term of the Supreme Court and of the decree of the surrogate, and proceedings remitted for a rehearing by the surrogate, with costs to appellant to be paid out of the estate. Sapallo, J., concurs. Miller, J:, concurs in result. Folger and Earl, JJ., concur in result on last ground, and without expressing opinion as to the claim for earnings, etc., of the “ Daniel Webster.” Church, Ch. J., and Andrews, J., absent. Judgment reversed.