Majority
p. 990Lester I. Blohm, Appellant, v. Edward E. Blohm, Individually and as Executor and Trustee, etc., Respondent.
Upon consideration of the report of the official referee, with the briefs thereon, it is ordered that the appeal be dismissed upon condition that respondent file a stipulation within ten days to pay the taxable costs and disbursements of the appeal up to this date, and to remit and abandon the amount seventy-six dollars and eighty-five cents of costs recovered in the judgment; otherwise, motion denied, without costs. Present — Jenks, P. J., Mills, Rich, Kelly and Jaycox, JJ.