Order affirmed, with costs to respondent payable out of the estate. No opinion. Lazansky, P. J., Young, Hagarty and Tompkins, JJ., concur; Kapper, J., dissents and votes for reversal and for a jury trial of the issues.
Order affirmed, with costs to respondent payable out of the estate. No opinion. Lazansky, P. J., Young, Hagarty and Tompkins, JJ., concur; Kapper, J., dissents and votes for reversal and for a jury trial of the issues.