
    In the Matter of the Will of Mary Finnegan, Deceased. Anastasia Hayes et al., Appellants; Herbert Balser, as Executor of Mary Finnegan, Deceased, et al., Respondents.
    Argued April 15, 1942;
    decided April 30, 1942.
    
      
      Edwin M. Bourke and Theodore Studwell for appellants.
    
      E. F. W. Wildermuth and Edward Lafreniere for Herbert Balser, as executor, respondent.
   Order affirmed, with costs to respondent Balser payable out of the estate. No opinion.

Concur: Loughran, Finch, Rippey and Desmond, JJ. Dissenting: Lehman, Ch. J., Lewis and Conway, JJ.  