
    In the Matter of the Estate of Warner D. Orvis, Deceased. Clay H. Orvis, Appellant; Edwin J. Fitzpatrick, Respondent.
    Argued January 5, 1971;
    decided January 21, 1971.
    
      
      James J. Morrissey, Jr. for appellant.
    
      Benjamin- Heller and David Rubin for respondent.
   Concur: Chief Judge Fuld and Judges Scileppi, Bergan, Breitel, Jasen and Gibson: Taking no part: Judge Burke.  