
    In the Matter of the Accounting of Simon N. Stein, as Executor of Louis N. Stein, Deceased, Appellant. Julius Berkman, Respondent.
    
      Decedent’s estate — contract — claim for medical services rendered decedent pursuant to alleged oral contract.
    
    
      Matter of Stein, 214 App. Div. 752, affirmed.
    (Argued October 8, 1925;
    decided October 27, 1925.)
    Appeal from an order of the Appellate Division of the Supreme Court in the fourth judicial department, entered May 6, 1925, which affirmed a decree of the Monroe County Surrogate’s Court allowing a claim by a physician against the estate of testator for medical services based upon an alleged oral contract whereby claimant agreed to render professional services to decedent as required and decedent agreed to pay therefor the sum of ten thousand dollars a year. It was alleged that the contract was made in 1909 and continued in force until the death of testator in 1918.
    
      Simon Fleischmann, Martin Clark and Adrian Block for appellant.
    
      Eugene J. Dwyer for respondent.
   Order affirmed, with costs; no opinion.

Concur: His cock, Ch. J., Cardozo, Pound, McLaughlin, Crane, Andrews and Lehman, JJ.  