Majority
p. 881Perry J. Fuller and Another, as Executors, etc., of Jennie G. Biddulph, Deceased, Plaintiffs, v. Clifford B. Birkbeck, Appellant, Impleaded with Solomon Riley and Others, Respondents, and Others, Defendants. (Appeal No. 2.)
Order so far as appealed from affirmed, with ten dollars costs and disbursements, if sufficient funds remain in the hands of the receiver, after compliance with the order on the accompanying appeal herein (Fuller v. Birkbeck, No. 1, ante, p. 880), to carry out the terms of this order. If not, the order must be reversed and the matter remitted for proper proceedings at Special Term. No opinion. Settle order on notice. Present — Clarke, P. J., Dowling, Smith, Merrell and McAvoy, JJ.