Majority
p. 772In the Matter of the Administration of the Estate of Amalia Kohler, Deceased. Edmond G. Dupree and Barbara Dupree, Appellants; William Graff, as Administrator, etc., of the Estate of Amalia Kohler, Deceased, Respondent.
Order of the Surrogate’s Court of Nassau county modified so as to permit petitioners to present proof as to the delivery of the mortgage in question, and, as so modified, affirmed, without costs. In our opinion, the petitioners should be allowed to make proof as to the delivery of this mortgage, since such mortgage, as well as the pass book, was in their possession at the time of the decedent’s death. Lazansky, P. J., Young, Carswell, Seudder and Tompkins, JJ., concur.