
    TERRY, Respondent, v. PURDY, Appellant.
    (Supreme Court, Appellate Division, Second Department.
    May 26, 1910.)
    Action by James Terry against Charles I. Purdy, as executor, etc., of Henry Terry, deceased.
   PER CURIAM-

Judgment reversed, with costs to the appellant. Order of reference vacated, with leave to the parties to proceed before a new referee, or, if they so elect, to have the validity of the claim determined upon the final accounting before the Surrogate. The judgment appealed from is reversed upon the following grounds: First, that the evidence is

not of the clear and convincing character necessary to establish claims of this nature; second, that the referee erred in admitting in evidence alleged statements and declarations of Charles Terry; and, third, that the referee erred in admitting evidence of personal transactions between the claimant and Henry Terry,

(Ü6C6£lS6Cl.

HIRSCHBERG, P. J., dissents.  