In the Matter of Proving the Last Will and Testament of Mary Finnegan, Deceased, Late of Springfield, Queens County. Anastasia Hayes and Patrick Lowery, Appellants; Herbert Balser, as Executor, etc., of Mary Finnegan, Deceased, and Joseph B. Mitchell, as Executor Named in a Prior Will of Mary Finnegan, Deceased, Respondents

In the Matter of Proving the Last Will and Testament of Mary Finnegan, Deceased, Late of Springfield, Queens County. Anastasia Hayes and Patrick Lowery, Appellants; Herbert Balser, as Executor, etc., of Mary Finnegan, Deceased, and Joseph B. Mitchell, as Executor Named in a Prior Will of Mary Finnegan, Deceased, Respondents. [MAJORITY] Appeal from a decree of the Surrogate’s Court of Queens County admitting a will and codicil to probate upon a directed verdict. Decree, in so far as appealed from, affirmed, with costs to respondent Balser payable out of the estate. No opinion. Hagarty, Carswell, Johnston and Adel, JJ., concur; Lazansky. P. J.. dissents and votes to reverse and to deny probate to the will and codicil, with the following memorandum: The proof shows that the will and codicil were not published to McLellan, whose name is appended as a witness thereto.