In re the Estate of Scott (26 A.D.2d 877, 1966)

Motion to resettle order entered May 12, 1966, granted, without costs. The order, as resettled, shall provide: “ Order reversed, on the law and the facts, with $10 costs and disbursements payable from the estate, and matter remitted to the Surrogate’s Court of Delaware County to proceed with the accounting.” (See Matter of Hughes, 231 App. Div. 770; Matter of Kipp, 17 Misc. 491, affd. 5 App. Div. 625.) Gibson, P. J., Herlihy, Reynolds, Aulisi and Staley, Jr., JJ., concur.