
    In the Matter of the Probate of the Alleged Will of John J. Ingles, Dec’d, by Mary L. Ingles, Proponent and App’lt, v. Ruth Eddy et al., Contestants and Resp’ts.
   Degree of the surrogate of Madison county reversed upon the exceptions and the proceedings remanded to the surrogate’s court for further action. The question of costs reserved for the determination of the court below upon the final disposition of the case. Meld (1), that the surrogate erred in receiving the evidence of Dr. Tire. See Code Civ Pro., § 834; Matter of Eysaman, 113 N. Y., 62; 22 N. Y. State Rep., 136. Also (2), in rejecting the offers to show that the testator had made advancements to some of his children.  