Ordered that the decree is reversed insofar as appealed from, on the law, the words "and was not under restraint" are stricken from the first decretal paragraph thereof and a provision dismissing the appellant's first and second objections is substituted therefor, the second and third decretal paragraphs thereof are stricken, and the matter is remitted to the Surrogate's Court, Kings County, for a new trial on the appellant's third objection consistent herewith, with costs...
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