
    Samuel Rubin, Appellant, v. Nelson Smith, Jr., and Another, as Executors etc., of Nelson Smith, Deceased, and Another, Respondents.
   Order affirmed, with ten dollars costs and disbursements, with leave to the plaintiff to serve an amended complaint within twenty days from service of order upon payment of said costs and ten dollars costs of motion at Special Term. No opinion. Present — Clarke, P. J., Dowling, Smith, MeAvoy and Martin, JJ.  