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.
Argued February 27, 1941;
decided April 17, 1941.
*694 Henry A. Uterhart and Alfred M. Schaffer for appellant.
Siegfried F. Hartman for William C. Reid et ah, 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.
285 N.Y. 693
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