
    Raymond Warren, Respondent, v. Robert J. Marvin, as Executor of Earl Cole, Deceased, Appellant, et al., Defendants.
    Submitted January 22, 1970;
    decided February 19, 1970.
    
      
      Guernsey, Butts & Walsh for appellant.
    
      O ’Donnell & O’Donnell, for respondent.
   Concur: Chief. Judge Fuld and Judges Burke, Scileppi, Bergan, Breitel, Jasen and Gibson.  