
    In re CARPENTER.
    (Supreme Court, Appellate Division, First Department.
    March 20, 1908.)
    Appeal from Special Term. In the matter of the application of Louise H. Carpenter, individually and as executrix of the will of Richard E. Carpenter, deceased. From an order denying a motion to set aside a prior order, the appeal is prosecuted. Modified.
    Joseph L. Pascal, for appellant.
    George M. S. Schulz, for respondent.
   PER CURIAM.

The order appealed from should be modified, by providing that this order is without prejudice to any action which the client may be advised to bring against her attorney for failure to properly perform his duties as attorney. As so modified, the order should be affirmed, with $10 costs and disbursements to the respondent.  