Substantially the same question was submitted and argued before this court and denied at the March, 1941, term on appellant's motion for the appointment of a referee, which motion was made in conjunction with his motion for a reargument of the original appeal on his appeal from an order of the Surrogate's Court denying his motion for a new trial on the ground of newly-discovered evidence. [See 261 App. Div. 1117.] The order herein appealed from should be affirmed. Order unanimously affirmed, with costs.