Majority
p. 924In the Matter of the Probate of the Last Will and Testament of John J. Reynolds, Deceased. Margaret C. Lawrence, Appellant; Hugh F. Reynolds and Margaret Reynolds, Respondents.
Decree of the Surrogate’s Court of Queens county reversed and issues ordered to be tried by a jury, with costs of the appeal to abide the event of the new trial, payable out of the estate, on the authority of Matter of Tompkins ( 69 App. Div. 474 ) and Matter of Richardson (137 id. 103). Jenks, P. J., Thomas, Carr, Woodward and Rich, JJ., concurred. Order to be settled before Mr. Justice Thomas.