
    In the Matter of the Application of Morris L. Cohen, as Administrator, etc., of Fannie Cohen, Also Known as Zatal Dardick, Zatal Doodick, Fannie Dardick and Fannie Doodick, Deceased, to Discover Property of Said Decedent Claimed to Be Withheld. Morris L. Cohen, Respondent; Louis Dardick, Appellant.
   Per Curiam.

Upon the present record the evidence preponderates in favor of the appellant and tends to establish a valid transfer made to enable him to support the infant child of the deceased. Under all the circumstances, however, we think there should be a new trial in order that the facts surrounding the transactions may be more fully developed.

The decree of the surrogate should be reversed and a new trial ordered, with costs to the appellant to abide the event.

Present — O’Malley, Townley, Glennon, Untermyer and Cohn, JJ.

Decree unanimously reversed and a new trial ordered, with costs to the appellant to abide the event.  