Opinion
Argued April 6, 1939
Decided May 16, 1939
Appeal from the Supreme Court, Appellate Division, First Department.
Walter H. Pollak and Mordecai Rochlin for appellant.
Joseph M. Proskauer and Charles Looker for Guaranty Trust Company of New York, as executor, respondent.
Allen T. Klots and E. Tinsley Ray for Alice T. Crunden, respondent.
Order affirmed, with costs; no opinion.
Concur: CRANE, Ch. J., LEHMAN, O'BRIEN, LOUGHRAN, FINCH and RIPPEY, JJ. HUBBS, J., dissents on the ground that the instrument in question was not an agreement within the meaning of the statute.