
    Sidney A. Clarkson, as Executor, etc., of Mary J. Lusher, Deceased, Respondent, v. Walter R. Lusher, Individually and as Executor, etc., of Mary J. Lusher, Deceased, Appellant.
   Motion referred to the court that rendered the decision on the appeal. [See ante, p. 705.] Present — Lazansky, P. J., Hagarty, Davis, Adel and Taylor, JJ. The motion to resettle the order of July 1, 1938, is granted and the order is resettled so as to provide that findings of fact Nos. 5, 7,12,13,14, 16, 17, 26, 34, 47, 61, 80, 81 and 82 and additional conclusions of law Nos. 1, 2, 4 and 5 are reversed. Present — Lazansky, P. J., Davis, Johnston, Adel and Taylor, JJ. Settle order on notice.  