(dissenting): I dissent and vote for reversal.
Judgment modified as stated in opinion and as modified affirmed, with costs- to all parties appearing, payable out of the fund. Order to be settled on notice.
(dissenting): I dissent and vote for reversal.
Judgment modified as stated in opinion and as modified affirmed, with costs- to all parties appearing, payable out of the fund. Order to be settled on notice.