Opinion
Argued October 22, 1935
Decided November 20, 1935
Appeal from the Supreme Court, Appellate Division, Fourth Department.
Joseph Swart, B. Frank Dake and Edward J. Jellinek for Mary H. Potter et al., as executors of Edward W. Potter, deceased, appellants and respondents.
Helen Z.M. Rodgers and Welles V. Moot for Russell H. Potter, Jr., et al., respondents and appellants.
Joseph H. Morey and Arthur C. Minahan for Charlotte P. Whitcher, individually and as one of the executors of Harriet E. Potter, deceased, respondent and appellant.
Order affirmed, with costs payable out of the estate to each party appearing by separate attorney and filing a brief, and question certified answered in the affirmative. No opinion.
Concur: CRANE, Ch. J., LEHMAN, O'BRIEN, HUBBS, LOUGHRAN and FINCH, JJ. Not sitting: CROUCH, J.