Motion by respondent Elizabeth Wolcott Hamilton, individually and as executrix to dismiss appeal granted, with $10 costs, unless the appellant *684serves and files the record on appeal, as settled 'by the Surrogate, on or before August 1, 1960, and serves and files his appellant’s points on or before September 6,1960, with notice of argument for the October 1960 Term of this court, said appeal to be argued or submitted when reached. Concur — Botein, P. J., Breitel, McNally and Stevens, JJ.