In the Matter of the Probate or Denial of Probate of the Paper Purporting to Be the Last Will and Testament of Amy Angela Francis Sophie Barber Cavendish, Deceased, and for the Issuance of Letters of Administration C. T. A. or Letters of Administration. John G. Peck, County Treasurer of Suffolk County, Appellant; Hallock Luce, Respondent

In the Matter of the Probate or Denial of Probate of the Paper Purporting to Be the Last Will and Testament of Amy Angela Francis Sophie Barber Cavendish, Deceased, and for the Issuance of Letters of Administration C. T. A. or Letters of Administration. John G. Peck, County Treasurer of Suffolk County, Appellant; Hallock Luce, Respondent. [MAJORITY] Decree of the Surrogate’s Court, Suffolk county, granting letters of administration to the petitioner, unanimously affirmed, without costs. As between the petitioner and the county treasurer, the appointment of an administrator is discretionary with the surrogate. (Suit. Ct. Act, § 118.) There appears to have been no abuse of discretion herein. Present — Lazansky, P. J., Hagarty, Johnston, Adel and Close, JJ.