
    In the Matter of the Will of James E. Weaver, Deceased. Augustus J. McNary, Appellant; Effie M. McNary et al., Respondents.
    Argued May 18, 1938;
    decided June 3, 1938.
    
      
      John H. Cogan for appellant.
    
      John N. Schilling for petitioner, respondent.
    
      Arthur L. Andrews for National Commercial Bank and Trust Company of Albany et al., as executors and trustees, respondents.
   Order affirmed, with costs payable out of the estate; no opinion.

Concur: Lehman, O’Brien, Hubbs, Loughran, Finch and Rippey, JJ. Taking no part: Crane, Ch. J.  