
    United States Trust Company of New York, as Trustee, etc., Respondent, v. Zillah T. Wenzell et al., Appellants, and Ambrose Day, Respondent, Impleaded with Others.
    Argued October 1, 1940;
    decided November 19, 1940.
    
      
      Alexander S. Andrews for appellants.
    
      T. Sherman Class for defendant, respondent.
    
      Robert L. Redfield for plaintiff, respondent.
   Judgment affirmed, with costs to defendant-respondent; no opinion.

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