Order affirmed, with costs. First and second questions certified answered in the affirmative. Third question certified not answered (as not being necessary). The question whether the second spouse is an indispensable party is not here presented (Civ. Prac. Act, §§ 192, 193), and we do not pass thereon. No opinion.
Concur: LOUGHRAN, Ch. J., LEWIS, CONWAY, DESMOND, THACHER, DYE and FULD, JJ.