April 29, 1942.
Appeal from Franklin County Surrogate's Court.
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.