Decree insofar as appealed from affirmed, without costs of this appeal to any party.
Memorandum:
While we think that the Surrogate erred in striking out certain evidence on the ground that it was prohibited under section 347 of the Civil Practice Act, we reach the conclusion that such evidence, added to the other proof, fails to establish that the lost will was in existence at the time of decedent's death or was fraudulently destroyed in his lifetime. (
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