Majority
p. 780In the Matter of the Estate of Araminta Miller, Deceased. John D. Pitts, as Administrator of the Estate of Araminta Miller, Deceased, Appellant; William Junger, Respondent.
Decree of the Surrogate’s Court, Orange County, directing appellant to turn over a bond to respondent, unanimously affirmed, with costs to respondent, payable out of the estate. It cannot be said, as matter of law, that respondent made a gift of the bond to the deceased. The decision of the Surrogate is not against the weight of the evidence. Present — Nolan, P. J., Carswell, Adel, Sneed and MacCrate, JJ. [199 Mise. 408.]