Opinion
Argued February 28, 1940
Decided March 15, 1940
Appeal from the Supreme Court, Appellate Division, Second Department.
Sebastian P. Caputi for appellants.
Eugene Morgan Hawkins and Frederic A. Behrens for Ida L. Montgomery, as administratrix, respondent. James E. Bennett, Jr., for National City Bank of New York, as executor and trustee of John J. Montgomery, deceased, respondent.
Order affirmed, with costs payable out of the estate. No opinion.
Concur: LEHMAN, Ch. J., LOUGHRAN, FINCH, RIPPEY, SEARS, LEWIS and CONWAY, JJ.