Majority
p. 995AARON N. NEWCOMB, Exr., etc., App’lt, v. EDWARD WEBSTER, Exr., etc., Resp’t.
No papers.
Motion to modify remittitur.
The remittitur should be amended by striking out the order for judgment and substituting the following order:
The judgment appealed from is reversed, and a new trial granted, with costs
p. 996
in this court to the appellant, to he paid out of the estate; all other questions of costs to he disposed of hy the supreme court upon the final determination of ..the action.
.See 10 N. Y. State Rep., 85Ó; 22 id., 955.