
    Marie Swanton, as Administratrix of the Estate of John T. Swanton, Deceased, v. John Heilmann et al.
   Motion, having become academic by virtue of the decision of this court in Swanton v. Heilmann (ante, p. 966) is dismissed. Concur — Botein, J. P., Rabin, Prank, Yalente and Bergan, JJ.  