Orders of Appellate Division and of Special Term reversed, with costs in all courts payable out of the estate of the incompetent, and proceedings remitted to the Supreme Court, Westchester county, for entry of appropriate order. (See Matter of Smith,279 N.Y. 479.)

Concur: CRANE, Ch. J., LEHMAN, O'BRIEN, HUBBS, LOUGHRAN and FINCH, JJ. Dissenting: RIPPEY, J.