
    Lester C. Scott, as Administrator De Bonis Non, etc., of Stewart G. B. Gourlay, Deceased, Appellant, v. American Surety Company of New York, Respondent.
   Judgment unanimously modified to the extent of striking from the decretal paragraph thereof the words “ upon the merits ” and substituting the words “ without prejudice to any proceedings in the Surrogate’s Court, Kings County, which plaintiff may be advised to pursue,” and as so modified affirmed, without costs. No opinion. Settle order on notice. Present — Martin, P. J., Glennon, Untermyer, Dore and Callahan, JJ.  