Opinion
Argued May 20, 1940
Decided June 11, 1940
Appeal from the Supreme Court, Appellate Division, Second Department, WINGATE, J.
Harold St. L. O'Dougherty and Benjamin W. Schwartzberg for appellant.
Osborne A. McKegney, James H. Gilvarry and John J. Rooney for respondents.
Order of Appellate Division affirmed, with costs to the respondents payable out of the estate. No opinion.
Concur: LEHMAN, Ch. J., FINCH, SEARS and LEWIS, JJ. Dissenting: LOUGHRAN, RIPPEY and CONWAY, JJ.