Order of the Appellate Division reversed and decree of the Surrogate's Court affirmed, with costs in this court and in the Appellate Division payable out of the estate and questions certified answered in the negative on the authority of Matter ofConway (124 N.Y. 455), which has not been overruled by Matterof Field (204 N.Y. 448).

Concur: CARDOZO, Ch. J., POUND, CRANE, LEHMAN, KELLOGG, O'BRIEN and HUBBS, JJ.