Majority
p. 858In the Matter of the Final Accounting of James F. Nugent, as Executor, etc., of Joseph Fox, Deceased, Committee of the Person and Property of Helen G. Fox, an Incompetent Person. James F. Nugent, as Executor, etc., of Joseph Fox, Deceased, Committee of Helen G. Fox, an Incompetent Person, and Ætna Accident and Liability Company (Now Ætna Casualty and Surety Company), Appellants, Respondents; Mortimer May, as Special Guardian for Helen G. Fox, an Incompetent Person, Respondent, Appellant; Edith M. Hall, as Substituted Committee of Helen G. Fox, an Incompetent Person, Respondent.
Motion for leave to appeal to the Court of Appeals granted. [See ante, p. 31.] The following question is certified: Upon this record should the surcharge have been made against the estate of Joseph Fox? Present — Lazansky, P. J., Carswell, Davis, Johnston and Close, JJ.