Majority
p. 723In the Matter of the Estate of Michael F. Jacobs, Deceased. John C. Glenn, as Public Administrator of Queens County, et al., Respondents; Hugh McConnell, as Administrator of the Estate of Margaret R. Jacobs, Deceased, Appellant. Argued April 2, 1957; decided May 9, 1957.
p. 724
James A. Kenney and Joseph P. Dowling for appellant.
George W. Herz for John C. Glenn, as Public Administrator of Queens County, respondent.
Arthur R. Stelljes for Edna Kelly, respondent.
Order affirmed, with costs to respondents, payable out of the estate; no opinion.
Concur: Conway, Ch. J., Desmond, Dye, Fuld, Froessel and Burke, JJ. Van Voorhis, J., dissents and votes to reverse and to reinstate decree of the Surrogate.