Majority
p. 886William P. McCormick, Respondent, v. Frank J. Tyler, as Sole Executor and Trustee of the Estate of Benjamin Hawker, Deceased, Appellant.
Order affirmed, with ten dollars costs and disbursements, with leave to defendant to serve amended answer on payment of costs in this court and in the court below on the authority of Soheibeler v. Albee ( 114 App. Div. 146 ). Present — Ingraham, P. J., McLaughlin, Scott, Dowling and Hotchkiss, JJ.