Majority
p. 931Samuel Goldberg, Appellant, v. Pincus Malzman and Fanny Malzman, Respondents, Impleaded with Lizzie Pouker and Others, as Executors and Trustees under the Last Will and Testament of Isaac Pouker, Deceased.
Order affirmed, with ten dollars costs and disbursements. . No opinion.
Burr, Thomas and Carr, JJ., concurred; <Jenks, P. J., and Woodward, J., dissented on the authority of Earle v. Beman ( 1 App. Div. 136 ).