
    In the Matter of the Judicial Settlement of the Account of Proceedings of Jephtha Van Vliet and Another, as Executors, etc., of Anna Van Vliet, Deceased.
    Whether the decree of the surrogate was so modified as to permit the appellant to appeal to the Court of Appeals as of right is not for this court to determine. Assuming for the purposes of the motion that it was not, the motion for leave to appeal to the Court of Appeals is denied.
   Present — Jenks, P. J., Thomas, Rich, Putnam and Blaekmar, JJ.  