No papers.

Motion to modify remittitur.

The remittitur should be amended by striking out the order for judgment and substituting the following order:

The judgment appealed from is reversed, and a new trial granted, with costs *996in this court to the appellant, to he paid out of the estate; all other questions of costs to he disposed of hy the supreme court upon the final determination of ..the action.

.See 10 N. Y. State Rep., 85Ó; 22 id., 955.