Majority
p. 659In the Matter of the Application of Carleton B. Shaw, as Committee, etc., of Emily J. Glass, an Incompetent, for Permission as Creditor to Open a Decree Made in the Estate of Otto Goelzer, Deceased.
Order reversed as to its first ordering paragraph and otherwise affirmed, without costs of this appeal to either party, and matter remitted to the Surrogate’s Court for a hearing and determination upon the question of the executor’s bad faith. (See Matter of Recknagel, 148 App. Div. 268 .) All concur. Present ■— Sears, P. J., Taylor, Edgcomb, Thompson and Crosby, JJ.