— Order modified so as to require paragraph 7 of the complaint to be made more definite and certain by stating whether the declaration of trust was oral or in writing, and if in writing to set forth the substance of such agreement, and as so modified affirmed, without costs, without prejudice to a renewal of the motion to strike out allegations of the complaint with respect to partition. No opinion. Present — Finch, P. J., Martin, O’Malley, Sherman and Townley, JJ.