In re Estate of Cramm

Appeal by a devisee from a decree of Surrogate’s Court, Ulster County, which determined that certain fire insurance proceeds are to be treated as part of the testatrix’ residuary estate.

This case was instituted by an order to show cause of the administratrix with the will annexed to determine the ownership of a fire insurance proceeds check in the sum of $17,250.

The facts upon which this ease was decided below and upon which the appeal proceeds in this court are only those stipulated by the attorneys for the parties herein, to wit:

“ The fire loss occurred on January 14, 1965.

‘ ‘ A proof of…