In re Nowak

¶1Decree and order of the Surrogate’s Court of Bungs county, setting aside verdict *738of jury and directing probate affirmed, with costs to respondent, payable out of the estate. No opinion. Kelly, P. J., Manning and Hagarty, JJ., concur; Young and Kapper, JJ., dissent, and vote to reverse so much of the decree and order as directed probate, and also vote for a new trial, upon the ground that the failure of proponent to testify presents a clear issue of fact.