
    In the Matter of the Estate of Mary A. Khapp, Deceased. Daisy K. Van Noy, Respondent; Charles A. Austin, II, as Executor of Mary A. Knapp, Deceased, Appellant.
    Submitted May 18, 1948;
    decided June 11, 1948.
    
      
      Harry Moseson for appellant.
    
      Bichard Marlowe for respondent.
   Order affirmed, -with, costs; no opinion.

Concur: Lewis, CoNWay, Desmond, Dye and Fuld, JJ. Ob. J., and Thacher, J., dissent and vote to reverse tbe order of tbe Appellate Division and to reinstate tbe decision of tbe Surrogate.  