Majority
p. 824In the Matter of the Application of Roxy Corlies Trainer, Respondent, for the Payment of a Legacy by the Estate of Millicent D. Scott, Deceased. Thomas B. Scott, Individually and as Executor, etc., of Millicent D. Scott, Deceased, Appellant.
Decree of the Surrogate’s Court of Suffolk county unanimously affirmed, with costs to respondent payable out of the estate. (Isham v. N. Y. Assn. for Poor, 177 N. Y. 218 .) Present — Lazansky, P. J., Rich, Young,-Hagarty and Carswell, JJ.