Decree reversed, with costs to abide the event, and the matter remitted to the Surrogate's Court for a hearing de novo.
Prior to the hearing the learned Surrogate properly held that the evidence in the earlier proceeding (Matter of Vargo, 282 App. Div. 701) was not binding on the appellants. However, his memorandum made after the hearing indicates that his determination here was based on the decree in the earlier proceeding without evaluating the evidence...
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