In the Matter of the Judicial Settlement of the Account of Proceedings of J. Radford Johnson, as Administrator, etc., of Emily M. Johnson, Deceased. Dayton W. Johnson, Appellant; Fred. W. Penny, Individually and as Attorney for J. Radford Johnson, as Administrator, etc., and Others, Respondents

In the Matter of the Judicial Settlement of the Account of Proceedings of J. Radford Johnson, as Administrator, etc., of Emily M. Johnson, Deceased. Dayton W. Johnson, Appellant; Fred. W. Penny, Individually and as Attorney for J. Radford Johnson, as Administrator, etc., and Others, Respondents. [MAJORITY] Proceeding for an accounting by an administrator. Appeal from that part of the decree which, in settling the account, adjudges that a payment of $3,962.86 to appellant was an advancement against his share of the estate and directing that that amount be deducted from his share. Decree of the Surrogate’s Court of Rockland county unanimously affirmed, with costs against appellant. No opinion. Present — Lazansky, P. J., Young, Carswell, Scudder and Tompkins, JJ.