
    VINCENT, Appellant, v. PAYNE et al., Respondents.
    (Supreme Court, Appellate Diviion, Second Department.
    October 4, 1912.)
    mtion by John Vincent against Albert E. 'ayne, as executor, etc., and others.
   No opinjn. Judgment modified, by striking out the words “on the merits,” and,, as so modified, affirmed, without costs.  