Opinion
Argued October 13, 1941
Decided November 19, 1941
Appeal from the Supreme Court, Appellate Division, First Department, FOLEY, J.
James J. McLoughlin and Robert F. White for appellant.
Donald T. Mullane, Harold V. Dixon, Louis G. Imperato, Edwin E. Singer and S. Earl Levene for Mariano Rodriguez, respondent.
Alexander R. Kellegrew for Sarah M. Lynn et al., as trustees under the will of John Lynn, deceased, respondents.
Order affirmed, with costs to all parties appearing and filing separate briefs payable out of the estate. No opinion.
Concur: LEHMAN, Ch. J., LOUGHRAN, FINCH, RIPPEY, LEWIS, CONWAY and DESMOND, JJ.