Majority
p. 924Jacob J. Nunnold, as Surviving Executor, etc., of Jacob Nunnold, Deceased, Respondent, v. Catherine N. Bluntach and Mary T. Kleinhans, as Executrices, etc., of Helena Nunnold, Deceased, Appellants.
Judgment affirmed; with, costs. All' concurred, except Spring and Robson, JJ., who dissented upon the grounds: 1. That the referee erred in holding that the decree of the Surrogate’s Court ctinclu'sively established that .there was an over-payment to Helena Hunnold.3. That the. referee erred in not allowing to the-defendants interest on the $5,000 loan mentioned in-.the decision. 3. That on the merits, the plaintiff was not entitled to recover.