In re the Estate of Winsweiler

Wingate, S.

This is a motion for .confirmation of the report of a referee who has determined the issue of the alleged gift of a bank book by decedent adversely to the claimant. The testimony adduced before him covers 568 typewritten pages, and the sole question presented is one of the credibility of the witnesses. It is primary that this question is for the trier of the facts, and he having means of determining that question not available on review, his *437disposition of it will not be disturbed in the absence of palpable error. (Matter of McNamara, 138 Misc. 526, 529; Matter of Jones, 139 id.…