Majority
p. 770In the Matter of the Application of Mary McElhenny, Administratrix, etc., of Patrick H. Duffy, Deceased, for an Order Directing the Refund of the Assets of this Estate.
Motion to dismiss appeal denied on condition that appellant perfect the appeal for the October term (for which term this case is set down) and be ready for argument when reached; otherwise, motion granted, with ten dollars costs. Present — Kelly, P. J., Rich, Jaycox, Kelby and Young, JJ.