Opinion
Argued February 27, 1941
Decided April 17, 1941
Appeal from the Supreme Court, Appellate Division, First Department, DELEHANTY, J.
Henry A. Uterhart and Alfred M. Schaffer for appellant.
Siegfried F. Hartman for William C. Reid et al., as executors of Daniel J. Leary, deceased, et al., respondents.
John H. Schmid for Cynthia Leary et al., respondents.
Order affirmed, with costs, and question certified answered in the negative. Motion to dismiss appeal denied. No opinion.
Concur: LEHMAN, Ch. J., LOUGHRAN, FINCH, LEWIS, CONWAY and DESMOND, JJ. Dissenting: RIPPEY, J.