
    Leslie Timian, Respondent, v. Charles T. Whelan, as Executor and Trustee of the Estate of Alexander J. Halbritter, Deceased, Appellant.
   Judgment affirmed, with costs, upon the opinion of Cheney, J., delivered at the Trial Term. [Reported in 128 Misc. 192.] All .concur. Present — Hubbs, P. J., Clark, Sears, Tay'or and Sawyer, JJ.  