
    Henry C. Van Cleef, as Administrator, etc., of Caroline E. Dakin, Deceased, Respondent, v. Charles M. Maxfield, Appellant.
   Under the pleadings the judgment and order must be affirmed, but it is the opinion of the court that the defendant should be permitted to make an application at the Special Term to open the judgment and amend the answer to plead, a gift, as he may be advised. Judgment and order affirmed, with costs, Thomas, Mills, Rich, Putnam and Kelly, JJ., concurred.  