Order reversed as a matter of discretion, without costs of this appeal to either party, and matter remitted to the Surrogate's Court for further proceedings in accordance with the memorandum.
Memorandum:
It is difficult to decide the issues presented upon this appeal because of the confusing state of the record. The decision of the Surrogate contains numerous factual statements that are not substantiated by the submitted affidavits upon which the determination...
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