
    Michael McDermott, as Executor of John McDemott, Deceased, Respondent, v. Anna McD. Bennett et al., Appellants, and First National Bank and Trust Company of Baldwinsville et al., Respondents.
    Argued October 6, 1938;
    decided October 25, 1938.
    
      
      D. Charles O’Brien for appellants.
    
      Lawrence Conboy for plaintiff, respondent.
    
      Francis Preston for Florence McDermott, respondent.
   Judgment affirmed, with costs; no opinion.

Concur: Lehman, O’Brien, Hubbs, Loughran and Finch, JJ. Dissenting: Crane, Ch. J., and Rippey, J.  