Order affirmed, with costs to the respondent payable out of the estate. No opinion.
Concur: LOUGHRAN, FINCH, LEWIS and DESMOND, JJ. CONWAY, J., dissents and votes to reverse upon the ground that a question of fact was presented which should have been submitted to the jury. (Matter of Limberg, 277 N.Y. 129.) Taking no part: LEHMAN, Ch. J., and RIPPEY, J. *Page 774