Opinion
Argued January 10, 1940
Decided January 25, 1940
Appeal from the Supreme Court, Appellate Division, Third Department, NEWMAN, J.
William Flannery for appellant.
Harry T. O'Brien, Jr., and Mortimer M. Kassell for respondent.
Order affirmed, with costs payable out of the estate; no opinion.
Concur: LEHMAN, Ch. J., LOUGHRAN, FINCH, RIPPEY, SEARS, LEWIS and CONWAY, JJ.