In the Matter of the Petition of Aaron J. Mottus to Prove the Last Will and Testament of Ross Herrick, Late of the County of Kings, Deceased. Aaron J. Mottus, as Executor, etc., of Rose Herrick, Deceased, Petitioner, and Thomas V. Burnett, Special Guardian for Roy Gordon, an Infant, etc., Respondents; Fannie Shevell and Lillie Friedman, Appellants

In the Matter of the Petition of Aaron J. Mottus to Prove the Last Will and Testament of Ross Herrick, Late of the County of Kings, Deceased. Aaron J. Mottus, as Executor, etc., of Rose Herrick, Deceased, Petitioner, and Thomas V. Burnett, Special Guardian for Roy Gordon, an Infant, etc., Respondents; Fannie Shevell and Lillie Friedman, Appellants. [MAJORITY] Decree of the Surrogate’s Court of Kings County admitting to probate an instrument in writing as the will of the decedent, issuing letters testamentary to the executor therein named upon his qualifying, and assessing costs, payable by the contestants personally, unanimously affirmed, with one bill of costs to respondents, payable by appellants personally. No opinion. Present — Lazansky, P. J., Hagarty, Carswell, Johnston and Adel, JJ.