
    In the matter of proving the Last Will and Testament of Martha E. DURBAN, deceased. Lillian Richter, appellant.
    (Supreme Court, Appellate Division, Second Department.
    April 14, 1916.)
    In view of the incomplete wording of the attestation clause, and the unsatisfactory testimony of the two subscribing witnesses called, we think the court cannot infer a due publication of the paper as the deceased’s will. As the third witness was not produced, a new trial should be had. The decree of the Surrogate’s Court of Richmond County is therefore reversed, and a new trial ordered, costs to abide the final award of costs. The allowance of $500 under section 2748 of the Code of Civil Procedure, to the special guardian, was not excessive, considering the services performed and the value of the estate.
   Jenks, P. J., and Stapleton, Mills, Rich, and Putnam, JJ., concur.  