Majority
p. 965In the Matter of the Amended Petition of William J. Schroeder for the Probate of the Last Will and Testament and Codicils of Elvira Behncke, Deceased. H. Richard Panzer and Crosswood W. Panzer, Appellants; William J. Schroeder, Respondent.
Appeal from a resettled order of the Surrogate’s Court, Kings county, denying in part appellants’ motion to take the testimony of certain persons for use on a motion for a new trial, and for other relief. Order in so far as appealed from affirmed, with ten dollars costs and disbursements, the examination of Charles W. Barnes as a witness to proceed on five days’ notice. No opinion. Lazansky, P. J., Carswell, Johnston, Adel and Close, JJ., concur.