
    In the Matter of the Estate of Henry Brinkmann, Deceased. Augusta De La Meilleure, Respondent; Joseph J. Jarrard, Appellant, et al., Respondents.
    Argued January 11, 1968;
    decided February 15, 1968.
    
      
      Charles B. McGroddy, Jr., for appellant.
    
      Charles V. McDonald for Augusta De La Meilleure, respondent.
    No appearance for remaining respondents.
   Order reversed and the petition dismissed, with costs against petitioner-respondent, on the dissenting opinion at the Appellate Division. We disagree with the rule stated in Matter of Elwyn (285 App. Div. 91) with respect to application of paragraph (d) of subdivision 1 of section 140 of the Surrogate’s Court Act. Question certified answered in the negative.

Concur: Chief Judge Fuld and Judges Burke, Scileppi, Bergan, Keating, Breitel and Jasen.  