Opinion
Argued April 15, 1942
Decided April 30, 1942
Appeal from the Supreme Court, Appellate Division, Second Department, HETHERINGTON, J.
Edwin M. Bourke and Theodore Studwell for appellants.
E.F.W. Wildermuth and Edward Lafreniere for Herbert Balser, as executor, respondent.
Order affirmed, with costs to respondent Balser payable out of the estate. No opinion.
Concur: LOUGHRAN, FINCH, RIPPEY and DESMOND, JJ. Dissenting: LEHMAN, Ch. J., LEWIS and CONWAY, JJ.