Majority
p. 849In the Matter of the Application of Ernest H. Nohn and Ernest St. J. Mann, as Executors, etc., of Emil E. Gabler, Deceased, for Instructions. Norine Veronica Degnen, Appellant; Ernest H. Nohn and Ernest St. J. Mann, as Executors, etc., and Others, Respondents.
Motion for reargirment denied. Motion for leave to appeal to the Court of Appeals granted and the following question certified: Under the circumstances in this case, was the Surrogate’s Court authorized to prefer payment to the widow from the residuary legacy to her over the legacy to the appellant and other general legacies? Present — Lazansky, P. J., Hagarty, Carswell, Tompldns and Davis, JJ. [See ante, p. 797.]