Majority
p. 824In the Matter of the Petition of Catherine Belton, etc., Substituted in Place of Teresa Dempsey, to Prove the Last Will and Testament of Thomas Dempsey, Late of the County of Kings, Deceased. Catherine Belton, Individually and as Executrix and Devisee, etc., of Teresa Dempsey, Deceased, and as Administratrix de Bonis Non with the Will Annexed of Thomas Dempsey, Deceased, Respondent; James J. Ryan, Executor and Trustee Named in the Will of Thomas Dempsey, Deceased, Dated June 8, 1921, Appellant.
Decree of the Surrogate’s Court of Kings county unanimously affirmed, with costs to respondent payable by appellant personally. No opinion. Present-—Lazansky, P. J., Young, Hagarty, Seudder and Tompkins, JJ.