Appellate Division of the Supreme Court of the State of New York June 19, 1940 (In re Proving the Last Will & Testament of Dayton)

lead-opinion

Present — Martin, P. J., O’Malley, Townley, Cohn and Callahan, JJ.; O’Malley, J., dissents; dissenting opinion by O’Malley, J.

dissent

O’Malley, J.

(dissenting). Assuming that the case cited by the surrogate as the sole reason for his denial of the relief sought was not conclusive, I am of opinion that the application does not show sufficient merit to justify a reversal by this court.