Judgment and order affirmed, with costs. All concur, except Sears, J., who dissents and votes for reversal on the law on the ground that the document containing the statements of Dr. Crosby was not a proof of death within the meaning of the policy, nor was he a physician of whom questions in respect to death could be asked, under the terms of the policy. Present — Hubbs, P. J., Sears, Crouch, Taylor and Sawyer, JJ.