Majority
p. 1059In the Matter of Letters of Administration on the Estate of Sarah J. Sumberg, Deceased. Bertha Marder et al., Petitioners.
Application to this court, acting as a court of original jurisdiction, for an order which, it is alleged, was refused by the Surrogate of Kings County, denied, without costs. The application to the Surrogate should be made after the completion of the publication of notice to creditors, as required by section 121 of the Surrogate’s Court Act, at which time the Surrogate, no doubt, will properly exercise his discretion. Present — Carswell, Acting P. J., Johnston, Adel, Lewis and Aldrich, JJ.