Opinion
Argued October 16, 1940
Decided November 13, 1940
Appeal from the Supreme Court, Appellate Division, First Department, FOLEY, J.
Charles Angulo and Benjamin Nassau for appellant.
Benjamin T. Cooke and John H. Hazelton for Joseph H. Bearns, respondent.
Order affirmed, with costs to all parties appearing and filing separate briefs payable out of the estate. No opinion.
Concur: LEHMAN, Ch. J., LOUGHRAN, FINCH, RIPPEY, SEARS, LEWIS and CONWAY, JJ.