Opinion
Argued October 3, 1940
Decided October 18, 1940
Appeal from the Supreme Court, Appellate Division, Third Department, LAWRENCE, J.
Frederick E. Crane, Harry P. Kehoe, Jeremiah W. Davern and William S. Crapser for appellant.
John T. DeGraff and F. Ferris Hewitt for respondent.
Order affirmed, with costs payable out of the estate. No opinion.
Concur: LOUGHRAN, FINCH, RIPPEY, SEARS, LEWIS and CONWAY, JJ. Taking no part: LEHMAN, Ch. J.