Majority
p. 929Charles A. Wheeler, as Administrator, etc., of William S. Wheeler, Deceased, Appellant, v. Cuyler E. Carr, as Executor, etc., of Laura F. Beardsley, Deceased, Respondent.
Order affirmed, with ten dollars costs and disbursements, on the ground that the court properly exercised its discretion. All concurred, except Spring arid Williams, JJ., who dissented upon the ground that the motion was granted on the sole ground that the plaintiff was a non-resident of the State, and not as matter of discretion.