Opinion
Argued October 7, 1938
Decided October 25, 1938
Appeal from the Supreme Court, Appellate Division, Second Department.
William L. Woodward, William A. Mulvey and Daniel F. Cory for appellant.
Benjamin E. Messler, James E. Carroll and Bernard Hess for respondents.
Order affirmed, with costs to all parties filing separate briefs payable out of the estate, and the question certified answered in the affirmative. Motion to dismiss appeal denied, without costs. No opinion.
Concur: CRANE, Ch. J., LEHMAN, O'BRIEN, HUBBS, LOUGHRAN, FINCH and RIPPEY, JJ.