Majority
p. 949John M. W. Durant and Louis J. Rezzimini, as Committee of the Person and Estate of John M. W. Durant, an Incompetent Person, Appellants, v. Roelif H. Brooks, as Executor of and Trustee under the Will of Eliza W. Durant, Deceased, Respondent, Impleaded with John Brooks and Emily F. Brooks.
Order modified by striking from the summons and the title of the amended complaint the name of John M. W. Durant, as party plaintiff, and as so modified unanimously affirmed, without costs, on the ground that said person has not legal capacity to sue, with leave to the defendant to plead within twenty days.