
    In re WARD.
    (Supreme Court, Appellate Division, First Department.
    December 17, 1909.)
    In the matter of Henry G. Ward deceased.
   PER CURIAM.

Order affirmed, with $10 costs and disbursements. Order filed.

INGRAHAM and LAUGHLIN, JJ.,

dissent, on the ground that under the answer of the executor the surrogate had no jurisdictidn to determine the question presented. Fiester v. Shepard, 92 N. Y. 251; In re Wagner’s Estate, 119 N. Y. 28, 23 N. E. 200.  