Majority
p. 828In the Matter of the Petition of Frieda Hinsch and Another to Render and Settle Their Account as Executors, etc., of Louise Diehl, Late of the County of Kings, Deceased.
Decree of the Surrogate’s Court of Kings county affirmed, with costs to the respondent payable out of the estate. No opinion. Rich, Jaycox, Manning and Kapper, JJ., concur; Kelby, J., dissents on the ground that the proof adduced is not sufficient to support a contract against the estate to leave by will the sum of $25,000 to the claimant.