Majority
p. 941Walter C. Greene, Individually and as Sole Surviving Executor, etc., of Angelica Van Vranken, Deceased, Appellant, v. Grace Fitzgerald, and Others, Respondents.
Judgment unanimously affirmed, with separate costs to the defendants separately answering and filing briefs on this appeal, on the ground that the action involves only real estate and cannot, therefore, be maintained by the plaintiff for the reasons stated by Whitmyer, XJ., at Trial Term.