Majority
p. 972In the Matter of the Application of The International Committee of Young Men’s Christian Associations and Others, Respondents, for an Order Directing David W. Harkness and Another, Respondents, and Albert Francis Hagar, Appellant, as Surviving Executors of Julia Lorillard Butterfield, Deceased, etc., to Pay Part of a Residuary Legacy, etc.
Motion to dismiss appeal denied on condition that the executor do, on or before the 15th day of June, 1919, pay fifty per cent of the amount required by the decree of the Surrogate’s Court of Putnam county of September 4, 1918. If such payment be not made, the respondents may file an affidavit to that effect at a session of this court which wiE be held on June 17, 1919, and the appeal wiE then be dismissed, with costs. Present — Jenks, P. J., MiEs, Rich, Putnam and Blaekmar, JJ.