Judgment and order reversed, and a new trial ordered, with costs to abide the event. Held (1), the court erred in admitting evidence of the plaintiff of a conversation with defendant’s testatrix, which he testifies occurred when no one else was present. (See Martin v. Hillen, 142 N. Y. 140.) (2) That the-request to charge as to presumption of owner-snip of the money from the possession of the orders should have been granted.