
    In the Matter of Williston Benedict, as Executor of Russell Benedict and May S. Benedict, Deceased, Appellant, against Fiorello H. LaGuardia et al., Constituting the Board of Estimate and Apportionment of the City of New York, as Trustees of the New York City Employees’ Retirement System, Respondents.
    Argued March 2, 1938;
    decided March 18, 1938.
    
      
      Isidor Nemoirth and Edmund J. Pickup for appellant.
    
      William C. Chanter, Corporation Counsel {Seymour B. Quel and Paxton Blair of counsel), for respondent.
   Order affirmed, without costs; no opinion.

Concur: Crane, Ch. J., Lehman, Htjbbs, Loughran, Pinch and Ribpey, JJ. Taking no part: O’Brien, J.  