Ordered that the judgment is reversed, on the law and the facts and as a matter of discretion, without costs or disbursements; and it is further,
Ordered that the action is transferred to the Surrogate's Court, Nassau County, where it is to be stayed (1) pending the appointment either of an administrator, or of an executor under one of the several wills executed by the decedent, (2) pending determination by the Surrogate as to the validity or invalidity of those wills...
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