Opinion
April 11, 1944.
Action for the judicial construction of an inter vivos trust. Order denying plaintiff's motion for summary judgment pursuant to rule 113 of the Rules of Civil Practice affirmed, without costs. The cause of action set forth in the complaint is not within the purview of rule 113. Close, P.J., Hagarty, Carswell, Lewis and Aldrich, JJ., concur. [See post, p. 987.]