
    In the Matter of the Probate of the Will of Ann E. Nichols, Deceased. George M. Nichols, Appellant; Margaret N. Scott, Respondent.
   No opinion. Eolan, P. J., Adel and MacCrate, JJ., concur; Johnston, J., and Sneed, J., dissent and vote to reverse the decree and to admit the instrument to probate as the last will and testament of decedent, with the following memorandum: The determination that the testatrix lacked testamentary capacity is against the weight of the credible evidence. (Matter of Beneway, 272 App. Div. 463; Matter of Goeb, 265 App. Div. 865, affd. 290 N. Y. 894.) [See 276 App. Div. 784.]  