Majority
p. 704In the Matter of the Petition of Nellie I. St. Clair, as One of the Executrices of the Last Will and Testament of George B. Hutton, Deceased, for a Determination as to the Construction and Effect of the Disposition of Property Contained in the Last Will and Testament of George B. Hutton, Late of the Borough of Brooklyn, County of Kings, New York, Deceased. Lillian V. Griffin, Appellant; Nellie I. St. Clair, Respondent.
Decree of the Surrogate’s Court of Kings county, in so far as appealed from, affirmed, with costs to respondent, payable out of the estate. Young, Kapper, Carswell and Seudder, JJ., concur; Lazansky, P. J., dissents upon the ground that the gift of personalty in the Dean street property was specific, that there was no ademption, and that the proof of a gift inter vivos is against the weight of the credible evidence.