Order insofar as it dismisses the petition affirmed; order insofar as it directs trial of the claim in Surrogate's Court reversed on the law, without costs of this appeal to either party.
Memorandum:
Although the claim in question has not been rejected by the executrix, it does appear from the affidavit of the executrix that she claims a partial offset to the claim. Under such circumstances the dismissal of the application under section 217 of the Surrogate...
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