Decree reversed on the law and facts and matter remitted to the Surrogate's Court for a trial of the issues in accordance with the memorandum, without costs of this appeal to any party.
Memorandum:
The decree should be reversed and the proceeding remitted to the Surrogate's Court for a trial of the issues raised by the petition and answer, including a factual determination of the manner in which decedent met her death and the subsequent criminal proceedings...
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