Opinion
January, 1932.
Present — Finch, P.J., Merrell, O'Malley, Sherman and Townley, JJ.
Order modified by amending title of the action by consent, and by granting the motion to strike out paragraph 4 and that part of paragraph 3 of the complaint, beginning with the words "the said Thomas C. Chalmers, the contestant, who for many years," down to the end of said paragraph; and as so modified affirmed, with ten dollars costs and disbursements to the appellant. Settle order on notice.