Order of the Appellate Division and decree of the Surrogate's Court reversed and matter remitted to the Surrogate's Court for a rehearing, with costs to abide the event. The evidence is insufficient to sustain the claim. No opinion.

Concur: CRANE, Ch. J., LEHMAN, O'BRIEN, HUBBS, CROUCH, LOUGHRAN and FINCH, JJ. *Page 499