Majority
p. 912Daniel A. McWilliams and Albert F. McWilliams, as Administrators, etc., of Charles McWilliams, Deceased, Respondents, v. Charles E. McWilliams and Adolph Dexheimer, as Surviving Executors and Trustees under the Last Will and Testament of Daniel McWilliams, Deceased, and Individually, and Others, Appellants.
Headnote
Appeal from an order entered on the 31st day of May, 1911, granting a-motion for a commission to take the testimony of the witness upon oral questions.The order should be modified by requiring as a condition of granting the .jpen commission that the plaintiffs pay to the defendants the sum of seventy-five dollars (instead of twenty-two dollars) as and for their reasonable expenses upon the execution of said commission. As so modified affirmed, without costs.
Present—Ingraham, P. J., McLaughlin, Clarke, Scott and Dowling, JJ.
Order modified as directed in opinion, and as so modified affirmed; without costs. Order to be settled on notice.