Majority
p. 919Mary J. Ricketts, Respondent, v. Henry Powell Ramsdell and Others, Individually and as Executor, etc., Appellants.
Order resettled by inserting a recital that the appeal was argued before five justices of this court, and the decision concurred in by four, the remaining justice having, prior to the decision, been appointed a member of the Court of Appeals. (See .Town of North Hemp-stead v. Midridge, 112 App. Div. 893 .) Present — Jenks, Hooker, Gaynor, Rich and Miller, JJ.