Majority
p. 749In the Matter of the Application of Walter E. Randall, as Executor, etc., of Norton Randall, Deceased, to Discover Certain Property of Said Deceased, Claimed to Be Withheld.
Decree reversed on the law and matter remitted to the Surrogate’s Court with directions to enter a decree dismissing the petition, with costs to the appellant, payable out of the estate, on the ground that the evidence conclusively establishes that the property mentioned in the petition had been given by the deceased to the respondent Valdermarsen before testator’s death. All concur. Present — Sears, P. J., Crouch, Taylor, Thompson and Crosby, JJ.