Majority
p. 745In the Matter of the Judicial Settlement of the Final Account of Proceedings of William Marshall, as Executor, etc., of James Mullen, Deceased. Everett Tillotson, Appellant; William Marshall, as Executor, etc., of James Mullen, Deceased, and Lucinda Donaldson, Respondents.
That part of the decree of the Surrogate’s Court of Westchester county from wMch appeal "is taken unammously affirmed, with costs, payable out of the estate, to both parties filing briefs. No opimon. Present —■ Lazansky, P. J., Kapper, Hagarty, Tompkins and Davis, JJ.