Majority
p. 987In the Matter of the Probate of an Instrument Purporting to be the Will of Timothy F. McCarthy, Deceased. Beatrice McCarthy, Appellant; James F. Egan, as Public Administrator of New York County, et al., Respondents. In the Matter of the Estate of Timothy F. McCarthy, Deceased. Beatrice McCarthy, Appellant; James F. Egan, as Public Administrator of New York County, et al., Respondents. Argued February 27, 1947; decided April 17, 1947.
p. 988
Emmet L. Holbrooh and Edward Joseph for appellant.
Joseph T. Arenson, Jacob I. Goodstein and Joseph A. Cox for respondents.
Orders affirmed, with costs payable out of the estate, to ail parties appearing separately and filing separate briefs; no opinion.
Concur: Lottghran, Ch. J., Lewis, Thacheb and Dye, JJ. Dissenting: Conway, Desmond and Ftjld, JJ.