Majority
p. 734In the Matter of the Estate of Francis X. Reuckel, an Infant. Newton R. Schoonmaker, as General Guardian, etc., Appellant; Barbara B. Smith, Respondent.
Order of the Surrogate’s Court of Kings county reversed upon the law, with ten dollars costs and disbursements, and motion granted, with ten dollars costs, for the reason that this court is of opinion that under section 2734 of the Code of Civil Procedure (Surrogate’s Court Act, § 266) the Surrogate’s Court has jurisdiction to grant the application. Blackmar, P. J., Rich, Kelly, Jaycox and Young, JJ., concur.