Majority
p. 919In the Matter of Proving the Last Will and Testament of Mary Oates, Deceased. John Macklin, as Executor, etc., Appellant, v. John T. Oates and Others, Respondents.
Decree of the Surrogate’s Court of Richmond county reversed, and issues ordered to be tried by a jury, with costs of
p. 920
the appeal to abide the event of the new trial, payable out of the estate. No opinion. Jenks, P. J., Thomas, Carr, Stapleton and Putnam, JJ., concurred. Order to be settled before the presiding justice.