Opinion
July, 1907.
Decree of Surrogate's Court reversed and the questions of fact ordered to be tried by and before a jury in the Supreme Court at a term to be convened in the county of Jefferson on the first Monday of October, 1907. Held, that in accordance with the rule adopted by this court in Matter of Burtis ( 107 App. Div. 51); Matter of Drake (45 id. 206) and Matter of Dixon (42 id. 481) we think the questions of fact should be passed upon by a jury. All concurred, except Williams and Robson, JJ., who dissented.